Threats of Violence and Harassment Charges in Minnesota

Threats of Violence (Formerly "Terroristic Threats")

Minnesota's threats statute (Minn. Stat. § 609.713) — previously titled "Terroristic Threats" before the 2015 renaming — makes it a felony to threaten violence in several ways. The key point that surprises many people: you don't have to intend to actually carry out the threat. The crime can be committed either with the purpose of terrorizing someone, or in reckless disregard of the risk of causing that terror.

Three Ways the Offense Is Committed

• Threatening a crime of violence — directly or indirectly, with purpose to terrorize another (or to cause an evacuation or serious public inconvenience), or in reckless disregard of that risk. Up to 5 years.
• Bomb/explosive hoaxes — communicating that explosives or an incendiary device are present somewhere, whether or not that's true, to terrorize. Up to 3 years.
• Replica firearm or BB gun — displaying, brandishing, or employing one in a threatening manner that causes or risks causing terror.

Important Limits and Defenses

• A "crime of violence" excludes misdemeanors. A mere threat of simple (misdemeanor) assault doesn't violate the statute — which is why jury instructions must specify the qualifying degree of the threatened crime.
• "Transitory anger" is not a threat. Minnesota courts recognize that a mere expression of momentary frustration or anger is not a criminal threat.
• Context controls. Whether words are threatening depends on whether, in context, they'd reasonably create apprehension that the speaker would act on them.
• Voluntary intoxication may be a defense to the "purpose to terrorize" version (a specific-intent crime), but not to the "reckless disregard" version.

What this means for you: Because the statute reaches reckless statements and indirect threats, people are sometimes charged for heated words they never meant as a true threat. Intent and context are usually the heart of the defense.

Obscene or Harassing Calls and Mailings

Minnesota also makes it a misdemeanor (Minn. Stat. § 609.79) to misuse the telephone — for example, making an obscene, lewd, or lascivious comment, request, or proposal, or repeatedly calling or making a phone ring "with intent to abuse, disturb, or cause distress." These offenses can be prosecuted either where the call is made or where it's received.

For stalking and harassment conduct charged under Minn. Stat. Section 609.749, see stalking and harassment charges in Minnesota. That statute is a separate framework from threats of violence and can turn on repeated conduct, monitoring, or unwanted contact.

A related statute makes it a misdemeanor to open someone else's sealed mail without consent, or to repeatedly mail or deliver letters or packages with intent to abuse, disturb, or cause distress.

Interference With Privacy

Minnesota's interference-with-privacy law (Minn. Stat. § 609.746) began as a "window peeper" trespass offense and has been broadened over time. In general, it's a misdemeanor to, with intent to intrude on someone's privacy:

• secretly gaze, stare, or peep through a window or other opening of someone's dwelling; or
• secretly install or use a device to observe, photograph, record, or broadcast through such an opening.

The law also covers secret observation or recording in places where a person reasonably expects privacy — such as a hotel sleeping room, a tanning booth, or similar locations. The offense becomes a gross misdemeanor for repeat offenders, or where the victim is a minor under 16 and the defendant knew or had reason to know a minor was present.

There are exceptions for law enforcement performing lawful duties and for premises posted with conspicuous surveillance warnings. Separately, Minnesota recognizes a civil lawsuit for invasion of privacy, which is distinct from this criminal statute.

Key Terms

• Threats of violence: The current name (since 2015) for what used to be called "terroristic threats."
• Crime of violence: A qualifying serious offense; misdemeanors don't count for the threats statute.
• Reckless disregard: A way to commit the threats offense without intending to terrorize.
• Interference with privacy: Secretly watching or recording someone where they expect privacy.