| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

617.94

Statute ID: 11699

Statute Function ID: 25660

Public Nuisance - Criminal Gang Activity - Court Order

In Effect

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Details are only available for Penalty and Charging Statutes.

Statute Number:

617.94

Enactment Date:

May 27, 2007

Effective Date:

Aug 1, 2007

Expiration Date:

Repealed?:

Summary Text:

Public Nuisance - Criminal Gang Activity - Court Order

Statute ID:

11699

Created:

Aug 1, 2007 by mnjis.legal.analyst@state.mn.us

Updated:

Aug 1, 2007 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

2007 Chapter 150

Summary Text:

Public Nuisance - Criminal Gang Activity - Court Order

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/617/94.html

Legislative Session:

2007 - Regular

Session Law Text?:

Yes

Statute text last updated on:

Aug 1, 2007

(a) If the court finds, by a preponderance of the evidence, that a criminal gang 
constitutes a public nuisance, the court may enter a temporary or permanent order:
    (1) enjoining a defendant in the suit from engaging in the gang activities; and 
    (2) imposing other reasonable requirements to prevent the defendant from engaging 
in future gang activities.
    (b) "Reasonable requirement" as specified in paragraph (a), clause (2), means an 
injunctive limitation on gang behavior and social interaction that reduces the opportunity for gang activity. The court in imposing reasonable requirements must balance state interests in public safety against constitutional freedoms.
    (c) If the court finds, by a preponderance of the evidence, that a place is continuously or regularly used in a manner that constitutes a public nuisance, the court may include in its order reasonable requirements to prevent the use of the place for gang activity. This may include cancellation of any applicable lease pursuant to the procedures in section 617.85 that may involve any tenant or lessee who has maintained or conducted the public nuisance, or other reasonable requirements established in the order.