Legal Basis for College Response

609, 605 Trespass

Subdivision 1.  Misdemeanor. 

(A) The following terms have the meaning given to them for purposes of this section.

• "Premises" means real property and any appurtenant building or structure.
• "Dwelling" means the building or part of a building used by an individual as a place of residence on either a full-time or part-time basis.  A dwelling may be part of a multi-dwelling or multi-purpose building or a manufactured home as defined in section 168.011, Subdivision 8.
• "Construction site" means the site of construction, alteration, painting, or repair of a building or structure.
• "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.
• "Posted" as used 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 work "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 work "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land.
• "Business licensee", as used in paragraph (B), clause (9), includes a representative of a building trades labor or management organization.
• "Building" as 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 designated a point of boundary, line or a political subdivision, or as 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 the claim of right or consent of the owner or 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 to, 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 30 days 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.

Subdivision 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 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.

Subdivision 3.  Repealed 1993 c 326 ART 2 s 34

Subdivision 4.  Trespasses on school property.  (A) It is a misdemeanor for a person to enter or be found in a public or non-public elementary, middle, or secondary school building unless the person:

1. Is an enrolled student, a parent or guardian of an enrolled student, 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.
4. Has reported the person's presence in the school building in the manner required for visitors to the school.

(C)  It is a gross misdemeanor for a group of three or more persons to enter or be found on school property within six months after being told not to return, unless the principal or the principal's designee has given the person permission to return to the property.  As used in it's paragraph, "school property" has the meaning given in section 152.01, subdivision 14a, clauses (1) and (3).

(D)  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 or a peace officer.  A school principal or designated school employee is not civilly or criminally liable for an action authorized under this paragraph if the person's action is based on reasonable cause.

(E)  A peace officer may arrest a person without a warrant if the officer has probable cause to believe that 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.

Hist: 1963 c 753 ART 1 s 609.605: 1971 c 23 s 62: 1973 c 123 ART 5s 7: 1976 c 251 s 1: 1978 c 512s 1 : 1981 c 365 s 9: 1982 c 408 s 2: 1985 c 159 s 2: 1986 c 444: 1987 c 307 s 3: 1989c 5 s9: 1989 c 261 s 5: 1990 c 426 ART 1 s 54: 1993 c 326 ART 1 s 14: ART2 s 13: ART 4 s 32: 1993 c 366 s