Legal Question in Criminal Law in Minnesota

I previously asked: We do High School dance party events in the state of Minnesota. We flyer at various High Schools in the area. Normally the high schools simply do not care, but occasionally they ask us not to or issue us a trespassing warning. At which point we comply. Last week we flyered a small school out in the country and they got enraged. The officer who contacted us stated that he was going to charge us with trespassing and several ordinance law violating though he wasn't specific. Despite the fact that we never flyered there before nor received a warning not too. We went after hours and could not check in but there were other events going on and the school was open. Most of the other schools have told us they have to give us warnings before charging us. But this school is claiming they can charge us immediately. Do they have to give a warning first?

The law is unclear because: section d states that: It is a misdemeanor for a person to enter or be found on school property within one year after being told by the school principal or the principal's designee to leave the property and not to return, unless the principal or the principal's designee has given the person permission to return to the property. As used in this paragraph, "school property" has the meaning given in section 152.01, subdivision 14a, clauses (1) and (3).

Does that mean that they have to give you a warning before charging you? Because they claim they can charge anyone at anytime and do not have to warn people? Some police friends have said that you must be warned first, yet others haven't been sure?


Asked on 5/24/11, 8:41 pm

1 Answer from Attorneys
Landon Ascheman Ascheman Law

Based on the information you have provided, it's true that Minn. Stat. 609.605 subdivision (d) would not be violated in this case. However, Minn. 609.605 subdivision (a) would appear to apply.

"It is a misdemeanor for a person to enter or be found in a public or nonpublic elementary, middle, or secondary school building unless the person:

(1) is an enrolled student in, a parent or guardian of an enrolled student in, 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; or

(4) has reported the person's presence in the school building in the manner required for visitors to the school."

Under this subdivision it appears that they do not have to provide you a warning. By not checking in with the visitor center (even if the visitor center was closed) you may have opened yourself up to criminal charges.

If you are charged with a misdemeanor for this offense, I would strongly suggest you find a criminal defense attorney and talk to them about your case. If you are not charged, I would still suggest you seek out a criminal defense attorney to discuss the method of operation for your business to help you avoid this problem in the future.

If you would like to discuss your case further, feel free to contact our office for a free initial consultation: 612-217-0077

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Answered on 5/25/11, 8:20 am


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