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Minnesota Criminal Justice Statute Service
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92.70.3(a)
Statute ID:
15531
Statute Function ID:
33263
Public Land Use Trespass - Willful Trespass - Willful and Knowing Personal Use or Economic Gain
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Misdemeanor (M)
General Offense Code:
Property (2)
Offense Summary Code & Rank:
Crimes Against Govt (Y) (Rank 19)
Detailed Offense Code:
Trespass (231)
Offense Severity Level:
Function Text:
UCR Code
Description
90J
Trespass of Real Property
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
Yes
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
92.70.3(a)
Enactment Date:
Jan 1, 1859
Effective Date:
Jan 1, 2015
Expiration Date:
Repealed?:
No
Summary Text:
Public Land Use Trespass - Willful Trespass - Willful and Knowing Personal Use or Economic Gain
Statute ID:
15531
Created:
Jan 23, 2015 by mnjis.legal.analyst@state.mn.us
Updated:
Jan 23, 2015 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
3(a) Payable effective 1/1/15. New offense codes needed.
Summary Text:
Public Land Use Trespass - Willful Trespass - Willful and Knowing Personal Use or Economic Gain
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/92/70.html
Legislative Session:
1989 - Regular
Session Law Text?:
No
Statute text last updated on:
Jan 23, 2015
(a) A person who willfully and knowingly uses public land for personal use or personal economic gain where the use is prohibited is guilty of trespass and a misdemeanor and is liable to the state or county for a civil penalty three times the amount of the damage. (b) A person violating paragraph (a) may be issued a ticket and summons for a court appearance. The prosecuting authority shall prosecute the misdemeanor and shall bring an action for the civil penalty or, on failure to do so, the attorney general at the request of the public agency responsible for managing the land may prosecute the misdemeanor and shall bring an action for the civil penalty. (c) Damages must be determined as the greater of: (1) the cost to restore the public land to the condition it was in before the trespass occurred plus an amount to compensate the public for the loss of use; or (2) the economic gain realized by the person committing the trespass. (d) The civil penalty shall be paid to the court and the court administrator shall pay: (1) for a trespass on county land, the entire amount to the county to be used for restoration of the trespass and county land improvement purposes; (2) for a trespass on state land, the civil penalty to the state agency responsible for managing the public land which is appropriated for restoration of the trespass and state land improvement purposes.
