What Is Criminal Trespass in Minnesota?

In Minnesota, under Minnesota Statutes § 609.605, criminal trespass occurs when an individual enters or remains on someone else's property or dwelling without permission and refuses to leave after being asked to do so by the owner. In the same vein, when someone enters agricultural land or privately owned land without consent, or engages in fishing, hunting, hiking, or trapping in a place marked conspicuously “no trespassing”, they have violated the law.

Moreover, it is illegal in Minnesota to enter a public or private cemetery without authorization during hours when it is officially closed, or to cross into an area that law enforcement agents have lawfully cordoned off. Additionally, unlawfully defacing or altering a monument, demarcation, sign, or pointer that designates a boundary constitutes trespassing.

Furthermore, trespassing could get more serious. Some trespassing actions are considered a gross misdemeanor, and they carry heavier penalties. When an individual trespasses upon the grounds of the facility that provides emergency shelter for victims of sex trafficking, it is a gross misdemeanor. Similarly, trespassing on posted agricultural land where domestic animals are raised and kept for commercial production is a gross misdemeanor.

How to Look Up Public Criminal Trespass Records in Minnesota

There are multiple avenues to look up criminal trespass records in Minnesota. These include online, by mail, and by in-person visit.

Online

Interested parties may find criminal trespass records online through the Minnesota Court Records Online (MCRO) system. They may conduct a search using parameters such as case number, name, and date of occurrence. At the county level, courts also provide access to court records on designated portals.

Alternatively, record seekers may look up criminal trespass records through third-party websites. These may serve as a good starting point for conducting research. However, they are not affiliated with government agencies; therefore, information obtained from them should be verified for accuracy.

In person

Record seekers may visit the courthouse where the case was handled in person. They often have public access terminals for record seekers. Interested parties may be required to provide relevant information about the case they want to look up, such as the name, case number, and date. They must provide a valid ID and pay the applicable fees.

By mail

Interested parties may fill out request forms online and send them by mail to the court where the case was handled. They are required to provide relevant information about the case, such as the name of the defendant, case number, and their date of birth.

Types of Criminal Trespass Offenses

According to Section 609.605 of the Minnesota Statutes, trespass in Minnesota is generally a misdemeanor. However, depending on the circumstances, a criminal trespass may be charged as different types of crimes, either a misdemeanor or a felony. The specific details about the charge depend on the offender's criminal history, whether there was any damage done to the property, or a threat to the owner.

A simple trespass in which an individual enters or remains on a property owned by another person without the owner's consent and refuses to leave when asked is a misdemeanor offense. It attracts a jail term of up to 90 days and a fine of up to $1,000.

If the trespass occurs on agricultural land or shelter for victims of sexual trafficking, it is a gross misdemeanor. The maximum sentence is up to 1 year in jail, and up to $3,000 fine.

However, if the trespass occurs with the intention of stealing or committing a felony offense, they may be charged with a felony.

Penalties for Criminal Trespass in Minnesota

When an individual enters or remains on another person's property or dwelling without consent and refuses to leave when asked, they are trespassing. This is a misdemeanor offense that carries a potential jail term of up to 90 days and/or a fine of up to $1,000. Trespassing in an emergency shelter for battered women or victims of sexual trafficking is a gross misdemeanor. The penalty includes a jail term of up to one year and/or a fine of up to $3,000. Similarly, trespassing on agricultural land with domestic animals kept for commercial production purposes is a gross misdemeanor with similar penalties.

However, trespassing may become a felony offense under some aggravating circumstances, such as a prior order to leave, trespassing in protected areas, or when the individual is a repeat offender. If an individual enters a building without authorization with the intention of stealing or committing any other felony offense, they may be charged with a felony. Similarly, trespassing with the intention of causing harm to another person or their property is a felony.

Several factors may influence the trespassing charge. For instance, a history of trespassing or other criminal convictions could reveal a pattern of behavior and result in harsher penalties. If the individual damaged property during the incident, in addition to paying fines and facing a criminal record, they may also be required to pay restitution and repair the damages. Moreover, threatening, intimidating, or harassing the property owner may result in an elevated charge.

Can You Be Arrested for Criminal Trespass in Minnesota?

In Minnesota, when an individual enters and remains on another person's property unlawfully and without authorization in a manner that disturbs the peace or raises concern, they have violated section 609.605 of the Minnesota Statutes. There is a non-trivial chance that they may be arrested.

If surveillance footage reveals the trespassing incident and it is established that they had the intent to commit a felony offense, they would likely be arrested, and they would have to face criminal charges. However, individuals may not be legally arrested or charged for a mistaken trespass. The conditions for a violation, such as notice, refusal to leave, and intent, must be established beyond a reasonable doubt.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Minnesota

Trespassing and burglary are distinct criminal offenses with different legal implications. One key element is the presence or absence of criminal intent at the point of entry.

Trespassing is when a person enters or remains on the property of another without consent. In this case, there is no criminal intent. It is charged as a misdemeanor. The individual may be handed a sentence of up to 90 days in jail and a fine of up to $1,000.

On the other hand, burglary in the third degree in Minnesota happens when an individual enters a building without consent with the intent to commit a felony or gross misdemeanor. The penalty is a maximum of 5 years imprisonment and a fine of $10,000. Burglary is a felony offense.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Minnesota?

The legal system in Minnesota recognizes that people may make mistakes; therefore, in a bid to balance accountability for actions with rehabilitative measures, Minnesota makes provision for first-time offenders. These measures come in the form of diversion programs, community service, and deferred adjudication, among others. A criminal trespass offender who is eligible may avoid a formal conviction by completing diversion programs. To be eligible, an offender must not have any previous criminal convictions, and the offense must not be violent in nature.

Alternatively, a first-time trespass offender may be granted deferred adjudication. Should they successfully complete the probation terms, the case against them may be discharged. However, not all first-time trespass offenders qualify for such provisions. Aggravated trespass cases with criminal intent, for instance, are ineligible for diversion or deferred adjudication.

Moreover, under Rule 15, Minnesota law makes provision for plea bargaining. The defendant may be able to plead to a lesser violation and thereby avoid getting a conviction record or get a more favorable outcome. However, they must acknowledge their wrongdoing, accept responsibility for their actions, and show evidence of rehabilitation.

During plea-bargaining, the fact that the individual is a first-time offender may be a mitigating factor for consideration. While making a plea deal, the offender must be aware of the legal consequences of their choice, and it must be voluntary, not coerced.

Will a Minnesota Criminal Trespass Charge Stay on Your Record?

In Minnesota, criminal trespass charges remain permanently on an individual’s record. They would be revealed if a background check were to be conducted on the individual. The only legal way to address this is through sealing or expungement.

Individuals who were considered for alternative sentencing measures such as diversion programs, deferred adjudication, or community service would have their records carrying such information during background checks. However, upon completion of the terms and expiration of the waiting period, they are entitled to petition the court for expungement. Defendants who seek expungement in Minnesota must inform the prosecutor. Should the prosecutor disagree, they may be scheduled for a hearing.

Criminal trespass offenders may qualify for expungement if:

• They were below 25 years when the event occurred
• They have completed the terms of their sentence.
• The mandatory waiting period has elapsed
• The offense was not a violent felony
• They have no pending criminal charges

Expungement or Record Sealing Options in Minnesota

Minnesota residents with criminal conviction records often have a difficult time getting employment, professional licenses, accommodation, admission, loans, and scholarship benefits for which they are otherwise qualified. For such individuals, getting their criminal record expunged opens a pathway to a more fulfilling life. Under Ch 609A, Minnesota law offers the relief of expungement for individuals who qualify.

Expungement is a process in which criminal convictions are removed from an individual's public record. Such records are removed from the database of the court that handled the case and from state background checks. On the other hand, sealed records are restricted from public access.

Some of the eligibility criteria for criminal trespass records to be sealed are:

• The individual must not have been guilty or convicted of the offense
• The stipulated waiting period has elapsed
• The individual was a juvenile and was prosecuted as an adult.
• The offense was not a gross misdemeanor or felony.

Minnesota residents convicted of simple trespass may be eligible to have their record expunged if they have completed the terms of their sentence and the waiting period has elapsed. In addition, offenders who were granted deferred adjudication or diversion may petition the court for expungement after the mandatory waiting period.