Legal Question in Criminal Law in Minnesota

Abandoned property: Tresspassing and Criminal Destruction to Property

Three friends and I recently went to an abandoned mansion near my house to take artistic photographs. We initially broke a window in an attempt to gain entrance, but realized the door was unlocked. Opening the door triggered an alarm, and the police came and arrested us. We were charged with Trespassing under MN statute 609.605(i) B(4). However this statute refers to trespassing on a ''dwelling'' which was previously defined as a place where someone lived full or part-time. Additionally, there were no ''No Trespassing'' signs around the perimeter, and all we did was walk around a gate to get onto the property. Can we still be charged with trespassing? What if I contact the property owner, and they don't mind? Can permission be retroactive?

Also, can I still be charged with Criminal Destruction to Property for breaking two small French windows (under $500, as noted on my Summons and Complaint) even if the owner doesn't want them repaired/doesn't care?

Thank you.


Asked on 11/20/08, 5:27 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Abandoned property: Tresspassing and Criminal Destruction to Property

It is trespassing under 609.605 (3) and the structure would be a "premise" as defined in (a) (ii). Although you may have an argument that section (i) is incorrect, the county may always amend. Moreover, and could also be charged as a burglary under 609.582 if you entered the building without consent and commited a crime such as damaging property. That would be a felony.

It would seem that the prosecutor chose to charge a lesser offense.

Nonetheless, certainly the victim's input can be important to the resolution of the case. However, you are likely precluded by the conditions of your release from contacting the owner. You would be wise to hire counsel.

If you have a clean record, it may be possible to avoid a conviction with a Stay of Prosecution.

For a FREE consultation call 612.240.8005 or visit criminal-law.tv

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Answered on 11/20/08, 11:37 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Abandoned property: Tresspassing and Criminal Destruction to Property

IF the only facts are those stated in your question, and the charge is violation of Minn Stat Sec 609.6095, subd 1(b)(4), then it appears those facts would not a violation unless the "building of another" was "locked" and "entered."

Of course, you can be charged with a crime of which you are innocent. This happens constantly.

Criminal damage to property crime under Minn Stat Sec 609.595, subd 3, could be properly charged if there was intentional damage to another's property without consent, according to that statute. (Watch out good samaritans and firefighters!) There may be defenses to this. Also, if the owner refuses to provide evidence of the loss, the prosecution may fail.

I doubt consent can be granted after the fact, though.

A lawyer's help would be good to have.

FFI: http://www.liberty-lawyer.com/

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Answered on 11/24/08, 12:42 pm


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