Criminal Damage to Property and Trespass in Minnesota

Criminal Damage to Property (Minn. Stat. § 609.595)

The core offense is intentionally damaging someone else's physical property without their consent. How serious the charge is depends on the value of the damage and certain aggravating circumstances. The statute is organized into degrees:

First Degree (Felony)

The most serious form applies where, for example:

• the damage created a reasonably foreseeable risk of bodily harm;
• the property was a public-safety motor vehicle and the damage substantially impaired public-safety service or created a foreseeable risk of harm;
• the property belonged to a public utility or common carrier and the damage impaired public service; or
• the damage reduced the property's value by more than $1,000 (measured by cost of repair/replacement).

Second Degree (Felony) — the Bias-Crime Tier

Second-degree criminal damage applies where the damage was committed because of the victim's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity or expression, age, national origin, or disability (or association with such a group). This "bias" or hate-crime tier is treated as a felony.

Third and Lower Degrees

Lower degrees (gross misdemeanor and misdemeanor) apply to intentional damage in smaller dollar ranges, or other damage not fitting the higher degrees. At the lowest level, intentionally damaging another's property is a misdemeanor.

What this means for you: As with theft, value drives the charge — and a bias motivation can elevate it independently of value. Disputing the amount of damage, or the alleged motivation, can significantly change what you're facing.

Trespass (Minn. Stat. § 609.605)

Trespass generally involves intentionally being on, entering, or refusing to leave someone else's property without permission or a legal right. Most trespasses are misdemeanors. Common examples include:

• Refusing to leave premises after being asked to by the lawful possessor (without a claim of right);
• Entering or occupying a dwelling without permission or a claim of right (outside an emergency);
• Returning to property within a year after being told to leave and not return;
• Returning to property to harass or threaten someone after being told to leave;
• Entering a locked or posted construction site without consent;
• Being in a school building without being a student, parent, employee, or invitee.

A key concept throughout is "claim of right" — a genuine, good-faith belief that you had a legal right to be there can be a defense to many trespass charges.

Common Defenses

• Claim of right — you reasonably believed you had a right to be on the property (trespass) or to the property (damage).
• Lack of intent — the damage was accidental, not intentional; or you didn't knowingly remain unlawfully.
• Consent — you had permission to be there or to use/alter the property.
• Disputed value — the damage amount falls below a charged tier.
• Disputed motivation — challenging a claimed bias motivation that elevates the charge.
• Mistaken identity / insufficient evidence.

Why These Charges Matter

While some of these are "lower-level" offenses, a conviction still creates a criminal record. Felony-level criminal damage (high-value or bias-motivated) carries serious penalties, and trespass charges can escalate when tied to harassment, domestic situations, or repeated returns to a property.

Key Terms

• Criminal damage to property: Intentionally damaging another's property without consent.
• Bias/hate-crime tier: Damage motivated by protected characteristics — a felony.
• Claim of right: A good-faith belief in a legal right to be on, or to, property — a common defense.
• Trespass: Being on or refusing to leave property without permission or a legal right.