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2006 Minnesota Statutes

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

Chapter 617. Abortion; Obscenity; Houses of Ill-fame

Chapter Sections
Section Headnote
617.01Repealed, 1967 c 507 s 12
617.02Repealed, 1967 c 507 s 12
617.03Repealed, 1967 c 507 s 12
617.04Repealed, 1963 c 753 art 2 s 17
617.05MS 1961 Repealed, 1965 c 53 s 2617.05 MS 1965 Repealed, 1967 c 507 s 12
617.06Repealed, 1967 c 507 s 12
617.07Repealed, 1967 c 507 s 12
617.08Repealed, 1967 c 507 s 12
617.09Repealed, 1967 c 507 s 12
617.10Repealed, 1967 c 507 s 12
617.11Repealed, 1963 c 753 art 2 s 17
617.12Repealed, 1963 c 753 art 2 s 17
617.13Repealed, 1963 c 753 art 2 s 17
617.14Repealed, 1967 c 507 s 12
617.15Repealed, 1963 c 753 art 2 s 17
617.16Repealed, 1967 c 507 s 12
617.17Repealed, 1967 c 507 s 12

ABORTION
617.18Repealed, 1974 c 177 s 7
617.19Repealed, 1974 c 177 s 7
617.20DRUGS TO PRODUCE MISCARRIAGE.
617.21EVIDENCE.
617.22CONCEALING BIRTH.

OBSCENITY
617.23INDECENT EXPOSURE; PENALTIES.
617.24Repealed, 1961 c 664 s 2
617.241OBSCENE MATERIALS AND PERFORMANCES; DISTRIBUTION AND EXHIBITION PROHIBITED; PENALTY.
617.242617.242 ADULT ENTERTAINMENT ESTABLISHMENTS.
617.243INDECENT LITERATURE, DISTRIBUTION.
617.245CIVIL ACTION; USE OF A MINOR IN A SEXUAL PERFORMANCE.
617.246USE OF MINORS IN SEXUAL PERFORMANCE PROHIBITED.
617.247POSSESSION OF PORNOGRAPHIC WORK INVOLVING MINORS.
617.25INDECENT ARTICLES AND INFORMATION.
617.251SALE OF ARTICLES RELATING TO PREVENTION OF CONCEPTION OR DISEASE.
617.26MAILING AND CARRYING OBSCENE MATTER.
617.27SEARCH WARRANT; DESTRUCTION OF PROPERTY.
617.28CERTAIN MEDICAL ADVERTISEMENTS.
617.29EVIDENCE.
617.291SEXUALLY EXPLICIT MATERIAL AND EXHIBITIONS; PURPOSE AND POLICY OF THE LEGISLATURE.
617.292DEFINITIONS.
617.293HARMFUL MATERIALS; DISSEMINATION AND DISPLAY TO MINORS PROHIBITED.
617.294EXHIBITION PROHIBITED.
617.295EXEMPTIONS.
617.296PENALTIES; INJUNCTIVE REMEDIES.
617.297EVIDENCE OF ADHERENCE TO MOTION PICTURE RATING SYSTEM.
617.298OBSCENE MOTION PICTURES AT DRIVE-IN THEATERS; DEFINITIONS.
617.299OBSCENE MOTION PICTURES; PROHIBITING EXHIBITION AT DRIVE-IN THEATERS.
617.30Repealed, 1967 c 507 s 12
617.31Repealed, 1963 c 753 art 2 s 17
617.32Repealed, 1967 c 507 s 12
617.325Repealed, 1967 c 507 s 12
617.33Repealed, 1987 c 283 s 9
617.34Repealed, 1987 c 283 s 9
617.35Repealed, 1987 c 283 s 9
617.36Repealed, 1987 c 283 s 9
617.37Repealed, 1987 c 283 s 9
617.38Repealed, 1987 c 283 s 9
617.39Repealed, 1987 c 283 s 9
617.40Repealed, 1987 c 283 s 9
617.41Repealed, 1987 c 283 s 9
617.42Renumbered 624.42
617.43Renumbered 624.43
617.44Renumbered 624.44
617.45Renumbered 624.45
617.46Renumbered 624.46
617.47Renumbered 624.47
617.48Renumbered 624.48
617.49Renumbered 624.49
617.50Renumbered 624.50
617.51Renumbered 624.51
617.52Renumbered 624.52
617.53Renumbered 624.53
617.54Renumbered 624.54
617.55Repealed, 1963 c 753 art 2 s 17
617.56Repealed, 1963 c 753 art 2 s 17
617.57Repealed, 1963 c 753 art 2 s 17
617.58Repealed, 1963 c 753 art 2 s 17
617.59Repealed, 1963 c 753 art 2 s 17
617.60Repealed, 1963 c 753 art 2 s 17
617.61Repealed, 1963 c 753 art 2 s 17
617.62Repealed, 1963 c 753 art 2 s 17
617.63Repealed, 1963 c 753 art 2 s 17
617.64Repealed, 1963 c 753 art 2 s 17
617.65Repealed, 1963 c 753 art 2 s 17
617.66Repealed, 1963 c 753 art 2 s 17
617.67Repealed, 1963 c 753 art 2 s 17
617.68Repealed, 1963 c 753 art 2 s 17
617.69Renumbered 624.701
617.70Renumbered 624.702
617.71Renumbered 624.703
617.715Renumbered 126.19
617.72Repealed, 1963 c 753 art 2 s 17
617.73Repealed, 1963 c 753 art 2 s 17
617.74Repealed, 1963 c 753 art 2 s 17
617.75Repealed, 1963 c 753 art 2 s 17

PUBLIC NUISANCES
617.80DEFINITIONS.
617.81NUISANCE; ACTS CONSTITUTING; INJUNCTION; NOTICE.
617.82AGREED ABATEMENT PLANS; TEMPORARY ORDER.
617.83INJUNCTION; ORDER OF ABATEMENT.
617.84MOVABLE PROPERTY.
617.85NUISANCE; MOTION TO CANCEL LEASE.
617.86CONTEMPT.
617.87RELEASE OF PROPERTY.
617.88Repealed, 1996 c 453 s 3
617.89Repealed, 1996 c 453 s 3
617.90GRAFFITI DAMAGE ACTION.
617.01 [Repealed, 1967 c 507 s 12]
617.02 [Repealed, 1967 c 507 s 12]
617.03 [Repealed, 1967 c 507 s 12]
617.04 [Repealed, 1963 c 753 art 2 s 17]
617.05 MS 1961 [Repealed, 1965 c 53 s 2]
617.05 MS 1965 [Repealed, 1967 c 507 s 12]
617.06 [Repealed, 1967 c 507 s 12]
617.07 [Repealed, 1967 c 507 s 12]
617.08 [Repealed, 1967 c 507 s 12]
617.09 [Repealed, 1967 c 507 s 12]
617.10 [Repealed, 1967 c 507 s 12]
617.11 [Repealed, 1963 c 753 art 2 s 17]
617.12 [Repealed, 1963 c 753 art 2 s 17]
617.13 [Repealed, 1963 c 753 art 2 s 17]
617.14 [Repealed, 1967 c 507 s 12]
617.15 [Repealed, 1963 c 753 art 2 s 17]
617.16 [Repealed, 1967 c 507 s 12]
617.17 [Repealed, 1967 c 507 s 12]

ABORTION

617.18 [Repealed, 1974 c 177 s 7]
617.19 [Repealed, 1974 c 177 s 7]
617.20 DRUGS TO PRODUCE MISCARRIAGE.
Whoever shall manufacture, give, or sell an instrument, drug, or medicine, or any other
substance, with intent that the same may be unlawfully used in producing the miscarriage of a
woman, shall be guilty of a felony.
History: (10177) RL s 4944
617.21 EVIDENCE.
In any prosecution for abortion or attempting abortion, no person shall be excused from
testifying as a witness on the ground that the person's testimony would tend to criminate the
person.
History: (10178) RL s 4945; 1986 c 444
617.22 CONCEALING BIRTH.
Every person who shall endeavor to conceal the birth of a child by any disposition of its
dead body, whether the child died before or after its birth, shall be guilty of a misdemeanor. Every
person who, having been convicted of endeavoring to conceal the stillbirth of any issue, or the
death of any issue under the age of two years, shall, subsequent to that conviction, endeavor to
conceal any subsequent birth or death, shall be punished by imprisonment for not more than
five years.
History: (10179) RL s 4946; 1917 c 231 s 1; 1979 c 102 s 13; 1983 c 7 s 16

OBSCENITY

617.23 INDECENT EXPOSURE; PENALTIES.
    Subdivision 1. Misdemeanor. A person who commits any of the following acts in any public
place, or in any place where others are present, is guilty of a misdemeanor:
(1) willfully and lewdly exposes the person's body, or the private parts thereof;
(2) procures another to expose private parts; or
(3) engages in any open or gross lewdness or lascivious behavior, or any public indecency
other than behavior specified in this subdivision.
    Subd. 2. Gross misdemeanor. A person who commits any of the following acts is guilty of a
gross misdemeanor:
(1) the person violates subdivision 1 in the presence of a minor under the age of 16; or
(2) the person violates subdivision 1 after having been previously convicted of violating
subdivision 1, sections 609.342 to 609.3451, or a statute from another state in conformity with
any of those sections.
    Subd. 3. Felony. A person 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, if:
(1) the person violates subdivision 2, clause (1), after having been previously convicted of
or adjudicated delinquent for violating subdivision 2, clause (1); section 609.3451, subdivision
1
, clause (2); or a statute from another state in conformity with subdivision 2, clause (1), or
section 609.3451, subdivision 1, clause (2); or
(2) the person commits a violation of subdivision 1, clause (1), in the presence of another
person while intentionally confining that person or otherwise intentionally restricting that person's
freedom to move.
    Subd. 4. Breast-feeding. It is not a violation of this section for a woman to breast-feed.
History: (10186) RL s 4953; 1931 c 321; 1986 c 444; 1994 c 636 art 2 s 54; 1995 c 226 art
2 s 31; 1996 c 408 art 3 s 37; 1998 c 367 art 3 s 14; 1998 c 369 s 2
617.24 [Repealed, 1961 c 664 s 2]
617.241 OBSCENE MATERIALS AND PERFORMANCES; DISTRIBUTION AND
EXHIBITION PROHIBITED; PENALTY.
    Subdivision 1. Definitions. For purposes of this section, the following terms have the
meanings given them:
(a) "Obscene" means that the work, taken as a whole, appeals to the prurient interest in sex
and depicts or describes in a patently offensive manner sexual conduct and which, taken as a
whole, does not have serious literary, artistic, political, or scientific value. In order to determine
that a work is obscene, the trier of fact must find:
(i) that the average person, applying contemporary community standards would find that the
work, taken as a whole, appeals to the prurient interest in sex;
(ii) that the work depicts sexual conduct specifically defined by clause (b) in a patently
offensive manner; and
(iii) that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
(b) "Sexual conduct" means any of the following:
(i) An act of sexual intercourse, normal or perverted, actual or simulated, including
genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or
between a human being and an animal.
(ii) Sadomasochistic abuse, meaning flagellation or torture by or upon a person who is nude
or clad in undergarments or in a sexually revealing costume or the condition of being fettered,
bound, or otherwise physically restricted on the part of one so clothed or who is nude.
(iii) Masturbation, excretory functions, or lewd exhibitions of the genitals including any
explicit, close-up representation of a human genital organ.
(iv) Physical contact or simulated physical contact with the clothed or unclothed pubic areas
or buttocks of a human male or female, or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals in an act of apparent
sexual stimulation or gratification.
(c) "Community" means the political subdivision from which persons properly qualified to
serve as jurors in a criminal proceeding are chosen.
(d) "Work" means "material" or "performance."
(e) "Material" means a book, magazine, pamphlet, paper, writing, card, advertisement,
circular, print, picture, photograph, motion picture film, videotape, script, image, instrument,
statue, drawing, or other article.
(f) "Performance" means a play, motion picture, dance, or other exhibition performed
before an audience.
    Subd. 2. Crime. It is unlawful for a person, knowing or with reason to know its content
and character, to:
(a) exhibit, sell, print, offer to sell, give away, circulate, publish, distribute or attempt to
distribute any obscene material; or
(b) produce, present, participate in, or direct an obscene performance.
    Subd. 3. Penalty. A person violating subdivision 2 is guilty of a gross misdemeanor 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. 4. Second or subsequent violations. Whoever violates the provisions of subdivision
2 within five years of a previous conviction under that subdivision is guilty of a felony and
may be sentenced to imprisonment for not more than two years, or to payment of a fine of not
more than $10,000, or both.
History: 1961 c 664 s 1; 1982 c 604 s 1; 1983 c 204 s 9; 1984 c 628 art 3 s 11; 1988 c 406 s 1
617.242 ADULT ENTERTAINMENT ESTABLISHMENTS.
    Subdivision 1. Definitions. For purposes of this section:
(1) "adult entertainment establishment" means a business that is open only to adults and that
presents live performances that are distinguished or characterized by an emphasis on the depiction
of sexual conduct or nudity;
(2) "sexual conduct" has the meaning given in section 617.241; and
(3) nudity has the meaning given in section 617.292, subdivision 3.
    Subd. 2. Notice to local government unit. A person must not operate an adult entertainment
establishment at a location where this type of establishment was not previously located unless, at
least 60 days before submitting a permit application for operation of the establishment or, if a
permit is not required, at least 60 days before beginning operation of the establishment, the person
gives written notice by certified mail to the chief clerical officer of the statutory or home rule
charter city in which it will be located of the date on which the person intends to begin operation
of the establishment. If the adult entertainment establishment is proposed to be located outside the
boundaries of a statutory or home rule charter city the notice must be given to the clerk of the
town board and the county auditor of the county in which the establishment is proposed to be
located. Upon receipt of the notice, the officer must acknowledge receipt of the notice by certified
mail, return receipt requested, addressed to the person, and notify the governing body or town
board of the receipt of the notice. The governing body or town board may conduct hearings on
the proposed operation of the adult entertainment establishment and must give written notice by
ordinary mail to the operator of the establishment of any hearings.
    Subd. 3. Zoning; adult entertainment establishments. If an adult entertainment
establishment is located within 50 miles of a statutory or home rule charter city or town, the
governing body of the city or the town board is not required to provide by zoning or otherwise for
a location within the city or town limits in which an adult entertainment establishment may be
located. If an adult entertainment establishment is located within 50 miles of the boundaries of a
county, the county board is not required to provide by zoning or otherwise for a location within
the county limits in which an adult entertainment establishment may be located.
    Subd. 4. Proximity. An adult entertainment establishment may not operate in the same
building as, or within 1,500 feet from, another adult entertainment establishment; within 500 feet
of residential property, regardless of how the property is zoned; or within 2,800 feet of a public
or private elementary or secondary school or a church, synagogue, mosque, or other place of
worship. Distances are measured between the closest property lines.
    Subd. 5. Hours and days of operation. An adult entertainment establishment located in a
statutory or home rule city, town, or county that does not regulate hours of operation may not be
open for business before 10:00 a.m. or after 10:00 p.m. on Monday through Saturday and may not
be open for business on a Sunday or legal holiday.
    Subd. 6. Restrictions on ownership or management by persons convicted of certain
crimes. A person who has been convicted of one of the following offenses may not operate or
manage an adult business establishment for three years after discharge of the sentence for the
offense, or a similar offense in another state or jurisdiction:
(1) prostitution under section 609.321; 609.324; or 609.3242;
(2) criminal sexual conduct under sections 609.342 to 609.3451;
(3) solicitation of children under section 609.352;
(4) indecent exposure under section 617.23;
(5) distribution or exhibition of obscene materials and performances under section 617.241;
(6) use of a minor in a sexual performance under section 617.246; or
(7) possession of pornographic work involving minors under section 617.247.
    Subd. 7. Local regulation allowed. If a county, town, or statutory or home rule charter city
does not enact an ordinance or regulation governing adult entertainment establishments, this
section applies in the county, town, or city. A county, town, or city may adopt an ordinance or
regulation that is consistent with this section, that supersedes or is in whole or in part more
restrictive than this section, or that provides that this section does not apply in the county, town, or
city, and the county, town, or city ordinance applies. If a county, town, or city adopts an ordinance
that only regulates a portion or facet of the operation of an adult entertainment establishment, this
section applies to the remainder of the operation that is not regulated by the county, town, or city
ordinance, unless the ordinance provides otherwise.
History: 2006 c 240 s 2
617.243 INDECENT LITERATURE, DISTRIBUTION.
    Subdivision 1. Prohibited activity. No person, copartnership or corporation shall, as a
condition to a sale or delivery for resale of any paper, magazine, book, comic, periodical or
publication, require that the purchaser or consignee receive for resale any other article, book,
comic or other publication reasonably believed by the purchaser or consignee to be obscene as
defined in section 617.241.
    Subd. 2. Penalty. A violation of subdivision 1 is a gross misdemeanor.
History: 1957 c 323 s 1; 1983 c 204 s 10
617.245 CIVIL ACTION; USE OF A MINOR IN A SEXUAL PERFORMANCE.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Minor" means any person who, at the time of use in a sexual performance, is under the
age of 16.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance, or other exhibition presented before an
audience or for purposes of visual or mechanical reproduction which depicts sexual conduct as
defined by paragraph (e).
(e) "Sexual conduct" means any of the following if the depiction involves a minor:
(1) an act of sexual intercourse, actual or simulated, including genital-genital, anal-genital, or
oral-genital intercourse, whether between human beings or between a human being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts inflicted
by or upon a minor who is nude, or the condition of being fettered, bound, or otherwise physically
restrained on the part of one so unclothed;
(3) masturbation or lewd exhibitions of the genitals; and
(4) physical contact or simulated physical contact with the unclothed pubic areas or buttocks
of a human male or female, or the breasts of the female, whether alone or between members of the
same or opposite sex or between humans and animals in an act of apparent sexual stimulation
or gratification.
    Subd. 2. Cause of action. A cause of action exists for injury caused by the use of a minor
in a sexual performance. The cause of action exists against a person who promotes, employs,
uses, or permits a minor to engage or assist others to engage in posing or modeling alone or with
others in a sexual performance, if the person knows or has reason to know that the conduct
intended is a sexual performance.
A person found liable for injuries under this section is liable to the minor for damages.
Neither consent to sexual performance by the minor or by the minor's parent, guardian, or
custodian, or mistake as to the minor's age is a defense to the action.
    Subd. 3. Limitation period. An action for damages under this section must be commenced
within six years of the time the plaintiff knew or had reason to know injury was caused by
plaintiff's use as a minor in a sexual performance. The knowledge of a parent, guardian, or
custodian may not be imputed to the minor. This section does not affect the suspension of the
statute of limitations during a period of disability under section 541.15.
History: 1992 c 571 art 12 s 1
617.246 USE OF MINORS IN SEXUAL PERFORMANCE PROHIBITED.
    Subdivision 1. Definitions. (a) For the purpose of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Minor" means any person under the age of 18.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance or other exhibition presented before an
audience or for purposes of visual or mechanical reproduction that uses a minor to depict actual or
simulated sexual conduct as defined by clause (e).
(e) "Sexual conduct" means any of the following:
(1) an act of sexual intercourse, normal or perverted, including genital-genital, anal-genital,
or oral-genital intercourse, whether between human beings or between a human being and an
animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts inflicted
by or upon a person who is nude or clad in undergarments or in a revealing costume, or the
condition of being fettered, bound or otherwise physically restrained on the part of one so clothed;
(3) masturbation;
(4) lewd exhibitions of the genitals; or
(5) physical contact with the clothed or unclothed pubic areas or buttocks of a human male or
female, or the breasts of the female, whether alone or between members of the same or opposite
sex or between humans and animals in an act of apparent sexual stimulation or gratification.
(f) "Pornographic work" means:
(1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,
videodisc, or drawing of a sexual performance involving a minor; or
(2) any visual depiction, including any photograph, film, video, picture, drawing, negative,
slide, or computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means that:
(i) uses a minor to depict actual or simulated sexual conduct;
(ii) has been created, adapted, or modified to appear that an identifiable minor is engaging
in sexual conduct; or
(iii) is advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a visual depiction of a minor engaging in
sexual conduct.
For the purposes of this paragraph, an identifiable minor is a person who was a minor at the
time the depiction was created or altered, whose image is used to create the visual depiction.
    Subd. 2. Use of minor. It is unlawful for a person to promote, employ, use or permit a minor
to engage in or assist others to engage minors in posing or modeling alone or with others in any
sexual performance or pornographic work if the person knows or has reason to know that the
conduct intended is a sexual performance or a pornographic work.
Any person who violates this subdivision is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000 for the
first offense and $40,000 for a second or subsequent offense, or both.
    Subd. 3. Operation or ownership of business. A person who owns or operates a business in
which a pornographic work, as defined in this section, is disseminated to an adult or a minor or is
reproduced, and who knows the content and character of the pornographic work disseminated or
reproduced, is guilty of a felony and may be sentenced to imprisonment for not more than ten
years, or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a
second or subsequent offense, or both.
    Subd. 4. Dissemination. A person who, knowing or with reason to know its content and
character, disseminates for profit to an adult or a minor a pornographic work, as defined in this
section, is guilty of a felony and may be sentenced to imprisonment for not more than ten years,
or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or
subsequent offense, or both.
    Subd. 5. Consent; mistake. Neither consent to sexual performance by a minor or the
minor's parent, guardian, or custodian nor mistake as to the minor's age is a defense to a charge
of violation of this section.
    Subd. 6. Affirmative defense. It shall be an affirmative defense to a charge of violating this
section that the sexual performance or pornographic work was produced using only persons
who were 18 years or older.
    Subd. 7. Conditional release term. Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a court
commits a person to the custody of the commissioner of corrections for violating this section, the
court shall provide that after the person has completed the sentence imposed, the commissioner
shall place the person on conditional release for five years, minus the time the offender served
on supervised release. If the person has previously been convicted of a violation of this section,
section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar
statute of the United States, this state, or any state, the commissioner shall place the person on
conditional release for ten years, minus the time the offender served on supervised release. The
terms of conditional release are governed by section 609.3455, subdivision 8.
History: 1977 c 371 s 1; 1982 c 604 s 2; 1983 c 204 s 11; 1984 c 628 art 3 s 7-9; 1986 c
444; 1999 c 217 s 1-5; 2006 c 260 art 1 s 38
617.247 POSSESSION OF PORNOGRAPHIC WORK INVOLVING MINORS.
    Subdivision 1. Policy; purpose. It is the policy of the legislature in enacting this section
to protect minors from the physical and psychological damage caused by their being used in
pornographic work depicting sexual conduct which involves minors. It is therefore the intent of
the legislature to penalize possession of pornographic work depicting sexual conduct which
involve minors or appears to involve minors in order to protect the identity of minors who
are victimized by involvement in the pornographic work, and to protect minors from future
involvement in pornographic work depicting sexual conduct.
    Subd. 2. Definitions. For purposes of this section, the following terms have the meanings
given them:
(a) "Pornographic work" has the meaning given to it in section 617.246.
(b) "Sexual conduct" has the meaning given to it in section 617.246.
    Subd. 3. Dissemination prohibited. (a) A person who disseminates pornographic work to
an adult or a minor, knowing or with reason to know its content and character, is guilty of a
felony and may be sentenced to imprisonment for not more than seven years and a fine of not
more than $10,000 for a first offense and for not more than 15 years and a fine of not more than
$20,000 for a second or subsequent offense.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years if the violation occurs when the person is a registered
predatory offender under section 243.166.
    Subd. 4. Possession prohibited. (a) A person who possesses a pornographic work or a
computer disk or computer or other electronic, magnetic, or optical storage system or a storage
system of any other type, containing a pornographic work, knowing or with reason to know its
content and character, is guilty of a felony and may be sentenced to imprisonment for not more
than five years and a fine of not more than $5,000 for a first offense and for not more than ten
years and a fine of not more than $10,000 for a second or subsequent offense.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years if the violation occurs when the person is a registered
predatory offender under section 243.166.
    Subd. 5. Exception. This section does not apply to the performance of official duties by
peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists, or social
workers or persons acting at the direction of a licensed physician, psychologist, or social worker
in the course of a bona fide treatment or professional education program.
    Subd. 6. Consent. Consent to sexual performance by a minor or the minor's parent, guardian,
or custodian is not a defense to a charge of violation of this section.
    Subd. 7. Second offense. If a person is convicted of a second or subsequent violation of this
section within 15 years of the prior conviction, the court shall order a mental examination of the
person. The examiner shall report to the court whether treatment of the person is necessary.
    Subd. 8. Affirmative defense. It shall be an affirmative defense to a charge of violating this
section that the pornographic work was produced using only persons who were 18 years or older.
    Subd. 9. Conditional release term. Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a court
commits a person to the custody of the commissioner of corrections for violating this section, the
court shall provide that after the person has completed the sentence imposed, the commissioner
shall place the person on conditional release for five years, minus the time the offender served
on supervised release. If the person has previously been convicted of a violation of this section,
section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar
statute of the United States, this state, or any state, the commissioner shall place the person on
conditional release for ten years, minus the time the offender served on supervised release. The
terms of conditional release are governed by section 609.3455, subdivision 8.
History: 1982 c 604 s 3; 1983 c 204 s 12; 1986 c 444; 1999 c 217 s 6-10; 2001 c 197 s 4,5;
1Sp2001 c 8 art 8 s 28; 2006 c 260 art 1 s 39
617.25 INDECENT ARTICLES AND INFORMATION.
Every person who shall sell, lend, or give away, or in any manner exhibit, or offer to
sell, lend, or give away, or have in possession with intent to sell, lend, give away, or advertise
or offer for sale, loan, or distribution, any instrument or article, or any drug or medicine for
causing unlawful abortion; or shall write or print, or cause to be written or printed, a card,
circular, pamphlet, advertisement, or notice of any kind, or shall give oral information, stating
when, where, how, or whom, or by what means such article or medicine can be obtained or who
manufactures it, shall be guilty of a gross misdemeanor and punished by imprisonment in the
county jail for not more than one year or by a fine of not more than $3,000 or by both.
History: (10188) RL s 4955; 1965 c 395 s 1; 1984 c 628 art 3 s 11; 1986 c 444
617.251 SALE OF ARTICLES RELATING TO PREVENTION OF CONCEPTION OR
DISEASE.
Instruments, articles, drugs or medicines for the prevention of conception or disease may
be sold, offered for sale, distributed or dispensed only by persons or organizations recognized
as dealing primarily with health or welfare. Anyone convicted of violation of this section shall
be guilty of a gross misdemeanor and punished by imprisonment not to exceed one year or by a
fine of not more than $3,000 or both.
History: 1965 c 395 s 2; 1984 c 628 art 3 s 11
617.26 MAILING AND CARRYING OBSCENE MATTER.
Every person who shall deposit or cause to be deposited in any post office in the state, or
place in charge of any express company or other common carrier or person for transportation, any
of the articles or things specified in section 617.241 or 617.25, or any circular, book, pamphlet,
advertisement or notice relating thereto, with the intent of having the same conveyed by mail,
express, or in any other manner; or who shall knowingly or willfully receive the same with intent
to carry or convey it, or shall knowingly carry or convey the same by express, or in any other
manner except by United States mail, shall be guilty of a misdemeanor. The provisions of this
section and section 617.25 shall not be construed to apply to an article or instrument used by
physicians lawfully practicing, or by their direction or prescription, for the cure or prevention
of disease.
History: (10189) RL s 4956; 1965 c 51 s 85
617.27 SEARCH WARRANT; DESTRUCTION OF PROPERTY.
A district court, upon complaint under oath that any person has in possession or under
control any of the obscene books, papers, or other matter specified in sections 617.241 to 617.26,
shall issue a warrant directed to the sheriff of the county, directing the sheriff to search for, seize,
and take possession of the obscene matter. Upon conviction of the person in whose possession
the obscene matter was found, the judge shall cause it to be destroyed, and the fact to be entered
upon the records of the court.
History: (10190) RL s 4957; 1965 c 51 s 86; 1983 c 359 s 92; 1986 c 444; 1998 c 254 art
2 s 66; 2005 c 10 art 2 s 4
617.28 CERTAIN MEDICAL ADVERTISEMENTS.
    Subdivision 1. Placing advertisement; penalty. Any person who shall advertise, in the
person's own name or in the name of another person, firm or pretended firm, association,
corporation or pretended corporation, in any newspaper, pamphlet, circular, or other written or
printed paper, or the owner, publisher, or manager of any newspaper or periodical who shall
permit to be inserted or published in any newspaper or periodical owned or controlled by the
owner, publisher, or manager, the treatment or curing of venereal diseases, the restoration of "lost
virility" or "lost vitality," or shall advertise in any manner that the person is a specialist in diseases
of the sexual organs, or diseases caused by sexual weakness, self-abuse, or excessive sexual
indulgence, or in any disease of like causes, or who shall advertise in any manner any medicine,
drug compound, appliance or any means whatever whereby it is claimed that sexual diseases of
men and women may be cured or relieved, or miscarriage or abortion produced, shall be guilty of
a gross misdemeanor and shall be punished by a fine of not less than $50 nor more than $3,000 or
by imprisonment in the county jail for not more than six months.
    Subd. 2. Publication; penalty. Any person publishing, distributing, or causing to be
distributed or circulated, any of the advertising matter hereinabove prohibited, shall be guilty of
a misdemeanor and punished as prescribed in subdivision 1.
History: (10191,10192) 1909 c 162 s 1,2; 1984 c 628 art 3 s 11; 1986 c 444
617.29 EVIDENCE.
The production of any advertisement or advertising matter published or distributed contrary
to the provisions of this section and section 617.28 shall be of itself prima facie evidence of
the guilt of the person advertising to cure any such disease hereinabove mentioned, or of the
publishers who publish any matter such as is herein prohibited.
History: (10193) 1909 c 162 s 3
617.291 SEXUALLY EXPLICIT MATERIAL AND EXHIBITIONS; PURPOSE AND
POLICY OF THE LEGISLATURE.
    Subdivision 1. Finding. The legislature finds that sexually explicit materials and exhibitions
presented before an audience are harmful to minors.
    Subd. 2. Best interest. It is in the best interest of the health, welfare, and safety of the
citizens of this state, and especially of minors within the state, that commercial dissemination, and
dissemination without monetary consideration in a place of public accommodation, of sexually
explicit written, photographic, printed, sound or published materials, and of plays, dances, or
other exhibitions presented before an audience, that are deemed harmful to minors, be restricted
to persons over the age of 17 years; or, if available to minors under the age of 18 years, that the
availability of the materials be restricted to sources within established and recognized schools,
churches, museums, medical clinics and physicians, hospitals, public libraries, or government
sponsored organizations.
History: 1969 c 1071 s 1; 1987 c 215 s 1
617.292 DEFINITIONS.
    Subdivision 1. Scope. As used in sections 617.291 to 617.297 the terms defined in this
section have the meanings given them.
    Subd. 2. Minor. "Minor" means any person under the age of 18 years.
    Subd. 3. Nudity. "Nudity" means the showing of the human male or female genitals, pubic
area or buttocks with less than a fully opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion thereof below the top of the nipple, or the
depiction of covered male genitals in a discernibly turgid state.
    Subd. 4. Sexual conduct. "Sexual conduct" means acts of masturbation, homosexuality,
sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks
or, if such a person be a female, her breast.
    Subd. 5. Sexual excitement. "Sexual excitement" means the condition of human male or
female genitals when in a state of sexual stimulation or arousal.
    Subd. 6. Sadomasochistic abuse. "Sadomasochistic abuse" means flagellation or torture by
or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being
fettered, bound or otherwise physically restrained on the part of one so clothed.
    Subd. 7. Harmful to minors. "Harmful to minors" means that quality of any description or
representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic
abuse, when it:
(1) predominantly appeals to the prurient, shameful or morbid interest of minors, and
(2) is patently offensive to prevailing standards in the adult community as a whole with
respect to what is suitable material for minors, and
(3) is utterly without redeeming social importance for minors.
    Subd. 8. Knowingly. "Knowingly" means having general knowledge of, or reason to know,
or a belief or ground for belief which warrants further inspection or inquiry or both;
(1) the character and content of any material which is reasonably susceptible of examination
by the defendant, and
(2) the age of the minor, provided however that an honest mistake shall constitute an excuse
from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the
true age of such minor.
History: 1969 c 1071 s 2
617.293 HARMFUL MATERIALS; DISSEMINATION AND DISPLAY TO MINORS
PROHIBITED.
    Subdivision 1. Dissemination. It is unlawful for any person knowingly to sell or loan for
monetary consideration to a minor:
(a) any picture, photograph, drawing, sculpture, motion picture film, or similar visual
representation or image of a person or portion of the human body which depicts nudity, sexual
conduct, or sadomasochistic abuse and which is harmful to minors, or
(b) any book, pamphlet, magazine, printed matter however reproduced, or sound recording
which contains any matter enumerated in clause (a), or which contains explicit and detailed verbal
descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse
which, taken as a whole, is harmful to minors.
    Subd. 2. Display. (a) It is unlawful for any person commercially and knowingly to
exhibit or display any material which is harmful to minors in its content in any place of public
accommodation where minors are or may be present and where minors are able to view the
material unless each item is kept in a sealed wrapper at all times.
(b) It is unlawful for any person commercially and knowingly to exhibit or display any
material the cover or packaging of which, standing alone, is harmful to minors in any place of
public accommodation where minors are or may be present or allowed to be present and where
minors are able to view the material unless each item is blocked from view by an opaque cover.
The opaque cover requirement is satisfied if those portions of the cover or packaging containing
the material harmful to minors are blocked from view by an opaque cover.
(c) The provisions of this subdivision do not apply to the exhibition or display of materials
harmful to minors under circumstances where minors are not present or are not able to view the
material or the material's cover or packaging. A person may comply with the requirements of this
paragraph by (1) physically segregating the material in a manner that physically prohibits access
to and view of the material by minors, (2) prominently posting at the entrance to the restricted
area: "Adults only--you must be 18 to enter," and (3) enforcing the restriction.
History: 1969 c 1071 s 3; 1971 c 25 s 95; 1988 c 452 s 1
617.294 EXHIBITION PROHIBITED.
It is unlawful for any person knowingly to exhibit for a monetary consideration to a minor or
knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor, whether
or not for a monetary consideration, to a place of public accommodation where there is exhibited
a motion picture, show or other presentation or a play, dance, or other exhibition presented before
an audience which, in whole or in part, depicts nudity, sexual conduct, or, sadomasochistic abuse
and which is harmful to minors.
History: 1969 c 1071 s 4; 1987 c 215 s 2
617.295 EXEMPTIONS.
The following are exempt from criminal or other action hereunder:
(a) Recognized and established schools, churches, museums, medical clinics and physicians,
hospitals, public libraries, governmental agencies or quasi governmental sponsored organizations,
and persons acting in their capacity as employees or agents of such organization. For the purpose
of this section "recognized and established" shall mean an organization or agency having a full
time faculty and diversified curriculum in the case of a school; a church affiliated with a national
or regional denomination; a licensed physician or psychiatrist or clinic of licensed physicians
or psychiatrists; and in all other exempt organizations shall refer only to income tax exempted
organizations which are supported in whole or in part by tax funds or which receive at least
one-third of their support from publicly donated funds.
(b) Individuals in a parental relationship with the minor.
(c) Motion picture machine operators, stagehands, or other theatre employees such as
cashiers, doorkeepers, ushers, and concession employees, if such person or persons have no
financial interest in the entertainment presented other than the salary or wage, or in any theatre or
place where such employee has no financial interest when the employee's services are obtained
solely for salary or wage; provided, that such employee is under the direct supervision of a
theatre manager who is a resident of this state and who is not exempt from action under sections
617.291 to 617.297.
History: 1969 c 1071 s 5; 1986 c 444
617.296 PENALTIES; INJUNCTIVE REMEDIES.
    Subdivision 1. Gross misdemeanor. Except as otherwise provided in subdivision 1a, a
violation of any provision of sections 617.291 to 617.297 is a gross misdemeanor.
    Subd. 1a. Penalty for display of harmful materials. A violation of section 617.293,
subdivision 2
, is a misdemeanor.
    Subd. 2. Temporary restraining order or temporary injunction. Whenever any county
attorney, or the attorney general of this state, has reasonable cause to believe that any person
within this state is violating sections 617.291 to 617.297, the prosecuting attorney may by verified
petition seek a temporary restraining order or temporary injunction in the district court in the
county in which the alleged violation occurred. No temporary restraining order or preliminary
injunction shall be issued without a prior show cause notice of hearing to the respondents named
in the petition, and an opportunity for the respondents to be heard. Personal service of the show
cause order and of the petition made as in civil actions on the named respondents, or upon any
of their employees or agents found within the state, shall constitute sufficient notice. Such
show cause order for hearing may be returnable on the third day from the date of service as to
a respondent who is present in this state, and on the fifth day as to a person not a resident or
not found within this state.
History: 1969 c 1071 s 6; 1986 c 444; 1988 c 452 s 2,3
617.297 EVIDENCE OF ADHERENCE TO MOTION PICTURE RATING SYSTEM.
In any proceeding or prosecution involving the exhibitor or owner of any motion picture
theatre, evidence of compliance or noncompliance with and adherence to a rating system
recognized in the motion picture industry is admissible.
History: 1969 c 1071 s 7
617.298 OBSCENE MOTION PICTURES AT DRIVE-IN THEATERS; DEFINITIONS.
    Subdivision 1. Definitions. For the purposes of this section and section 617.299, the terms
defined in this section have the meanings given them.
    Subd. 2. Obscene. "Obscene" has the meaning given to it in section 617.241.
    Subd. 3. Nudity. "Nudity" means the showing of the human male or female genitals, pubic
areas, or buttocks with less than a fully opaque covering, or the showing of an uncovered, or less
than opaquely covered, female breast below a point immediately above the top of the nipple, or
the breast with the nipple and immediately adjacent area only covered.
    Subd. 4.[Repealed, 1983 c 204 s 14]
History: 1979 c 290 s 1; 1983 c 204 s 13
617.299 OBSCENE MOTION PICTURES; PROHIBITING EXHIBITION AT DRIVE-IN
THEATERS.
    Subdivision 1. Misdemeanor. Subject to the exemptions of section 617.295, a person who
exhibits an obscene motion picture at a drive-in theatre is guilty of a misdemeanor.
    Subd. 2. Penalty enhancement. Whoever violates the provisions of subdivision 1 within
two years of a previous conviction shall be sentenced to imprisonment for not less than 20 days
nor more than one year and to payment of a fine of not more than $3,000.
History: 1979 c 290 s 2; 1984 c 628 art 3 s 11
617.30 [Repealed, 1967 c 507 s 12]
617.31 [Repealed, 1963 c 753 art 2 s 17]
617.32 [Repealed, 1967 c 507 s 12]
617.325 [Repealed, 1967 c 507 s 12]
617.33 [Repealed, 1987 c 283 s 9]
617.34 [Repealed, 1987 c 283 s 9]
617.35 [Repealed, 1987 c 283 s 9]
617.36 [Repealed, 1987 c 283 s 9]
617.37 [Repealed, 1987 c 283 s 9]
617.38 [Repealed, 1987 c 283 s 9]
617.39 [Repealed, 1987 c 283 s 9]
617.40 [Repealed, 1987 c 283 s 9]
617.41 [Repealed, 1987 c 283 s 9]
617.42 [Renumbered 624.42]
617.43 [Renumbered 624.43]
617.44 [Renumbered 624.44]
617.45 [Renumbered 624.45]
617.46 [Renumbered 624.46]
617.47 [Renumbered 624.47]
617.48 [Renumbered 624.48]
617.49 [Renumbered 624.49]
617.50 [Renumbered 624.50]
617.51 [Renumbered 624.51]
617.52 [Renumbered 624.52]
617.53 [Renumbered 624.53]
617.54 [Renumbered 624.54]
617.55 [Repealed, 1963 c 753 art 2 s 17]
617.56 [Repealed, 1963 c 753 art 2 s 17]
617.57 [Repealed, 1963 c 753 art 2 s 17]
617.58 [Repealed, 1963 c 753 art 2 s 17]
617.59 [Repealed, 1963 c 753 art 2 s 17]
617.60 [Repealed, 1963 c 753 art 2 s 17]
617.61 [Repealed, 1963 c 753 art 2 s 17]
617.62 [Repealed, 1963 c 753 art 2 s 17]
617.63 [Repealed, 1963 c 753 art 2 s 17]
617.64 [Repealed, 1963 c 753 art 2 s 17]
617.65 [Repealed, 1963 c 753 art 2 s 17]
617.66 [Repealed, 1963 c 753 art 2 s 17]
617.67 [Repealed, 1963 c 753 art 2 s 17]
617.68 [Repealed, 1963 c 753 art 2 s 17]
617.69 [Renumbered 624.701]
617.70 [Renumbered 624.702]
617.71 [Renumbered 624.703]
617.715 [Renumbered 126.19]
617.72 [Repealed, 1963 c 753 art 2 s 17]
617.73 [Repealed, 1963 c 753 art 2 s 17]
617.74 [Repealed, 1963 c 753 art 2 s 17]
617.75 [Repealed, 1963 c 753 art 2 s 17]

PUBLIC NUISANCES

617.80 DEFINITIONS.
    Subdivision 1. Generally. The definitions in this section apply to sections 617.80 to 617.87.
    Subd. 2. Building. "Building" means a structure suitable for human shelter, a commercial
structure that is maintained for business activities that involve human occupation, any portion
of the structure, or the land surrounding the structure. If the building is a multiunit dwelling, a
hotel or motel, or a commercial or office building, the term "building," for purposes of sections
617.80 to 617.87, means only the portion of the building within or outside the structure in which
a nuisance is maintained or permitted, such as a dwelling unit, room, suite of rooms, office,
common area, storage area, garage, or parking area.
    Subd. 3. Movable property. "Movable property" means furniture and fixtures.
    Subd. 4. Prostitution. "Prostitution" or "prostitution-related activity" means conduct that
would violate sections 609.321 to 609.324.
    Subd. 5. Gambling. "Gambling" or "gambling-related activity" means conduct that would
violate sections 609.75 to 609.762.
    Subd. 6.[Repealed, 1997 c 100 s 5]
    Subd. 7. Owner. "Owner" for purposes of sections 617.80 to 617.87 means the person in
whose name the building or affected portion is recorded with the county auditor for taxation
purposes.
    Subd. 8. Interested party. "Interested party," for purposes of sections 617.80 to 617.87,
means any known lessee or tenant of a building or affected portion of a building; any known agent
of an owner, lessee, or tenant; or any other person who maintains or permits a nuisance and is
known to the city attorney, county attorney, or attorney general.
    Subd. 9. Prosecuting attorney. "Prosecuting attorney" means the attorney general, county
attorney, city attorney, or attorney serving the jurisdiction where the nuisance is located.
History: 1987 c 283 s 1; 1991 c 193 s 5; 1995 c 244 s 26-30
617.81 NUISANCE; ACTS CONSTITUTING; INJUNCTION; NOTICE.
    Subdivision 1. Injunction. In order to obtain a temporary injunction under section 617.82 or
a permanent injunction or order of abatement under section 617.83, the provisions of sections
617.80 to 617.87 must be followed.
    Subd. 2. Acts constituting a nuisance. (a) For purposes of sections 617.80 to 617.87, a
public nuisance exists upon proof of two or more separate behavioral incidents of one or more of
the following, committed within the previous 12 months within the building:
(1) prostitution or prostitution-related activity committed within the building;
(2) gambling or gambling-related activity committed within the building;
(3) maintaining a public nuisance in violation of section 609.74, clause (1) or (3);
(4) permitting a public nuisance in violation of section 609.745;
(5) unlawful sale, possession, storage, delivery, giving, manufacture, cultivation, or use of
controlled substances committed within the building;
(6) unlicensed sales of alcoholic beverages committed within the building in violation of
section 340A.401;
(7) unlawful sales or gifts of alcoholic beverages by an unlicensed person committed within
the building in violation of section 340A.503, subdivision 2, clause (1);
(8) unlawful use or possession of a firearm in violation of section 609.66, subdivision 1a,
609.67, or 624.713, committed within the building; or
(9) violation by a commercial enterprise of local or state business licensing regulations,
ordinances, or statutes prohibiting the maintenance of a public nuisance as defined in section
609.74 or the control of a public nuisance as defined in section 609.745.
(b) If the building contains more than one rental unit, two or more behavioral incidents
must consist of conduct:
(1) anywhere in the building by the same tenant or lessee, or persons acting in conjunction
with or under the control of the same tenant or lessee;
(2) by any persons within the same rental unit while occupied by the same tenant or lessee or
within two or more rental units while occupied by the same tenant or lessee; or
(3) by the owner of the building or persons acting in conjunction with or under the control of
the owner.
(c) Proof of a nuisance exists if each of the elements of the conduct constituting the nuisance
is established by clear and convincing evidence.
    Subd. 2a.[Repealed, 1995 c 244 s 42]
    Subd. 3.[Repealed, 1995 c 244 s 42]
    Subd. 4. Notice. (a) If a prosecuting attorney has reason to believe that a nuisance is
maintained or permitted in the jurisdiction the prosecuting attorney serves, and intends to seek
abatement of the nuisance, the prosecuting attorney shall provide the written notice described in
paragraph (b), by personal service or certified mail, return receipt requested, to the owner and all
interested parties known to the prosecuting attorney.
(b) The written notice must:
(1) state that a nuisance as defined in subdivision 2 is maintained or permitted in the building
and must specify the kind or kinds of nuisance being maintained or permitted;
(2) summarize the evidence that a nuisance is maintained or permitted in the building,
including the date or dates on which nuisance-related activity or activities are alleged to have
occurred;
(3) inform the recipient that failure to abate the conduct constituting the nuisance or to
otherwise resolve the matter with the prosecuting attorney within 30 days of service of the notice
may result in the filing of a complaint for relief in district court that could, among other remedies,
result in enjoining the use of the building for any purpose for one year or, in the case of a tenant,
could result in cancellation of the lease; and
(4) inform the owner of the options available under section 617.85.
History: 1987 c 283 s 2; 1989 c 112 s 1; 1991 c 193 s 6-8; 1995 c 244 s 31,32; 1996 c 322 s
1; 1997 c 100 s 1; 1997 c 122 s 1; 2005 c 136 art 7 s 17
617.82 AGREED ABATEMENT PLANS; TEMPORARY ORDER.
(a) If the recipient of a notice under section 617.81, subdivision 4, either abates the conduct
constituting the nuisance or enters into an agreed abatement plan within 30 days of service of
the notice and complies with the agreement within the stipulated time period, the prosecuting
attorney may not file a nuisance action on the specified property regarding the nuisance activity
described in the notice.
(b) If the recipient fails to comply with the agreed abatement plan, the prosecuting attorney
may initiate a complaint for relief in the district court consistent with paragraph (c).
(c) Whenever a prosecuting attorney has cause to believe that a nuisance described in section
617.81, subdivision 2, exists within the jurisdiction the attorney serves, the prosecuting attorney
may by verified petition seek a temporary injunction in district court in the county in which
the alleged public nuisance exists, provided that at least 30 days have expired since service
of the notice required under section 617.81, subdivision 4. No temporary injunction may be
issued without a prior show cause notice of hearing to the respondents named in the petition and
an opportunity for the respondents to be heard. Upon proof of a nuisance described in section
617.81, subdivision 2, the court shall issue a temporary injunction. Any temporary injunction
issued must describe the conduct to be enjoined.
History: 1987 c 283 s 3; 1995 c 244 s 33; 1997 c 100 s 2; 1997 c 239 art 12 s 9
617.83 INJUNCTION; ORDER OF ABATEMENT.
Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a
permanent injunction and enter an order of abatement, except as otherwise provided by section
617.85. The permanent injunction must describe the conduct permanently enjoined. The order
of abatement must direct the closing of the building or a portion of it for one year, except as
otherwise provided in section 617.84 or 617.85, unless sooner released pursuant to section 617.87.
Before an abatement order is enforced against a building or portion of it, the owner must be
served with the abatement order and a notice of the right to file a motion under section 617.85 in
the same manner that a summons is served under the Rules of Civil Procedure. A copy of the
abatement order shall also be posted in a conspicuous place on the building or affected portion.
History: 1987 c 283 s 4; 1997 c 100 s 3
617.84 MOVABLE PROPERTY.
The order of abatement may direct the removal of movable property used in conducting or
maintaining the nuisance and direct the sale of property belonging to a respondent who was
notified or appeared. The sale shall be conducted pursuant to the provisions of chapter 550 on the
sale of property on execution. A person appointed by the court as receiver of the building may use
a building or portion of it which is the subject of an abatement order in a manner approved by
the court. Costs of the sale on execution, moving and storage fees, and any receivership must
be paid out of the receipts from the sale of the movable property or any rents collected during
the receivership. The balance from the sale of movable property must be paid to the owner of
the property. The balance from any rents collected during any receivership shall be paid to the
treasury of the unit of government which brought the abatement action.
History: 1987 c 283 s 5
617.85 NUISANCE; MOTION TO CANCEL LEASE.
Where notice is provided under section 617.81, subdivision 4, that an abatement of a nuisance
is sought and the circumstances that are the basis for the requested abatement involved the acts of
a commercial or residential tenant or lessee of part or all of a building, the owner of the building
that is subject to the abatement proceeding may file before the court that has jurisdiction over the
abatement proceeding a motion to cancel the lease or otherwise secure restitution of the premises
from the tenant or lessee who has maintained or conducted the nuisance. The owner may assign
to the prosecuting attorney the right to file this motion. In addition to the grounds provided in
chapter 566, the maintaining or conducting of a nuisance as defined in section 617.81, subdivision
2
, by a tenant or lessee, is an additional ground authorized by law for seeking the cancellation of
a lease or the restitution of the premises. Service of motion brought under this section must be
served in a manner that is sufficient under the Rules of Civil Procedure and chapter 566.
It is no defense to a motion under this section by the owner or the prosecuting attorney that
the lease or other agreement controlling the tenancy or leasehold does not provide for eviction or
cancellation of the lease upon the ground provided in this section.
Upon a finding by the court that the tenant or lessee has maintained or conducted a nuisance
in any portion of the building, the court shall order cancellation of the lease or tenancy and grant
restitution of the premises to the owner. The court must not order abatement of the premises if
the court:
(a) cancels a lease or tenancy and grants restitution of that portion of the premises to the
owner; and
(b) further finds that the act or acts constituting the nuisance as defined in section 617.81,
subdivision 2
, were committed by the tenant or lessee whose lease or tenancy has been canceled
pursuant to this section and the tenant or lessee was not committing the act or acts in conjunction
with or under the control of the owner.
History: 1987 c 283 s 6; 1995 c 244 s 34; 1997 c 100 s 4; 1997 c 239 art 12 s 10; 2005 c
136 art 7 s 18
617.86 CONTEMPT.
Whoever violates a temporary injunction, permanent injunction, or abatement order granted
under sections 617.80 to 617.87 may be adjudged in contempt of court.
History: 1987 c 283 s 7
617.87 RELEASE OF PROPERTY.
If, after an order of abatement has been entered, the owner appears and pays the costs of
the action and files a bond in an amount determined by the court, but not to exceed $50,000,
conditioned that the owner will immediately abate the nuisance for a period of one year, the court
may, if satisfied of the owner's good faith, order the release of the building or portion of it which is
subject to the order of abatement. If the premises are released, for each day during the term of the
bond that the owner knowingly permits any part of the premises to be used for any activity which
was the basis of the abatement order, the owner shall forfeit $1,000 under the bond. Forfeiture
under the bond does not relieve the owner from prosecution for contempt. Release of the property
pursuant to this section does not release it from an injunction issued under section 617.83 or any
other judgment, penalty, lien, or liability to which it may be subject by law.
History: 1987 c 283 s 8
617.88 [Repealed, 1996 c 453 s 3]
617.89 [Repealed, 1996 c 453 s 3]
617.90 GRAFFITI DAMAGE ACTION.
    Subdivision 1. Definition. For purposes of this section, "graffiti" means unauthorized
markings of paint, dye, or other similar substance that have been placed on real or personal
property such as buildings, fences, transportation equipment, or other structures, or the
unauthorized etching or scratching of the surfaces of such real or personal property, any of which
markings, scratchings, or etchings are visible from premises open to the public.
    Subd. 2. Cause of action. An action for damage to property caused by graffiti may be
brought by the owner of public or private property on which graffiti has been placed. Damages
may be recovered for three times the cost of restoring the property, or the court may order a
defendant to perform the work of restoring the property. Damages may be recovered from an
individual who placed graffiti on public or private real or personal property or from the parent of a
minor individual. The liability of the parent is limited to the amount specified in section 540.18.
The court may award attorney fees and costs to a prevailing plaintiff.
History: 2004 c 149 s 1

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