A Minnesota Criminal Defense Lawyer Explains What a § 609.675 Charge Means for You
You never thought something so seemingly minor could lead to a criminal charge. You’re a homeowner, a landlord, or maybe you were just cleaning out your property. Now, you’re facing an accusation under Minnesota Statute § 609.675 for Exposure of an Unused Refrigerator or Container to Children. It feels surreal and, frankly, a bit unfair. Perhaps you were in the middle of moving the appliance, or you had no idea it posed a risk. You’re a responsible person, and the last thing you ever intended was to create a hazard for a child. Yet, here you are, caught in the legal system over something you might not have even known was a crime. You’re likely worried about having a criminal record, the potential fines, and the embarrassment this accusation brings. It’s easy to think a misdemeanor charge isn’t a big deal, but any criminal conviction can have lasting consequences on your life. But an accusation is not a conviction. You don’t have to let this one mistake, or this one misunderstanding, define your future. As a dedicated Minnesota criminal defense attorney, I have helped people from all walks of life across this state—from the suburbs of Minneapolis and St. Paul to communities in Rochester, Duluth, and St. Cloud—navigate the often-confusing court system. I understand what is at stake, even on a misdemeanor charge, and I am here to help you fight for the best possible outcome.
What “Exposure of an Unused Refrigerator to Children” Actually Means in Minnesota
When you’re charged under Minnesota Statute § 609.675, the state is accusing you of a specific type of negligence. In simple terms, the law says that if you own or control an unused refrigerator, freezer, or any other large container that a child could get trapped inside, you have a duty to make it safe. This means you must remove the doors, lids, hinges, or latches before leaving it in a place where children could potentially access it. The entire purpose of this law is to prevent tragic accidents where young children, drawn by curiosity, climb inside these containers and become trapped because the doors latch automatically behind them.
This Minnesota criminal charge isn’t about your intent. The prosecutor doesn’t have to prove you wanted to endanger a child. They only need to prove that you were in control of the container, that it was large enough for a child to fit inside, that its door could fasten automatically, and that you left it exposed and accessible to children without taking one of the required safety measures. Facing this accusation can be frustrating because it often arises from simple oversight during a move, a renovation project, or while waiting for appliance disposal in cities like Bloomington or Maple Grove.
Minnesota Law on Exposure of Unused Refrigerator or Container to Children — Straight from the Statute
The legal basis for the charge you are facing is found in Minnesota Statute § 609.675. This is a very specific and concise law. Understanding the exact language of the statute is the first step in building your defense, as it clearly lays out what the prosecutor must prove for you to be found guilty.
Here is the exact language of the statute:
609.675 EXPOSURE OF UNUSED REFRIGERATOR OR CONTAINER TO CHILDREN.
Whoever, being the owner or in possession or control, permits an unused refrigerator or other container, sufficiently large to retain any child and with doors which fasten automatically when closed, to be exposed and accessible to children, without removing the doors, lids, hinges, or latches, is guilty of a misdemeanor.
Breaking Down the Legal Elements of the Charge in Minnesota
To convict you of this offense, a prosecutor must prove several distinct elements of the crime beyond a reasonable doubt. Think of these as hurdles they must clear. If they fail to prove even one of these elements, you cannot be convicted. My job is to challenge the state’s evidence on each point and show where their case falls short.
- Owner or in Possession or Control: The prosecution must first establish that you were the person legally responsible for the refrigerator or container. This could mean you were the homeowner, a tenant who owned the appliance, or a landlord responsible for the property. If the appliance was dumped on your property in Plymouth without your knowledge or belonged to someone else who had primary control over it, you may not be the liable party.
- Unused Refrigerator or Other Container: The state has to prove the container was “unused.” This is a key element. If you were actively using the refrigerator for storage in your garage and it was only temporarily unplugged, or if you were in the immediate process of moving it, we can argue it wasn’t “unused” in the manner the statute intends. The object must also be a refrigerator “or other container” that meets the size and latching requirements.
- Sufficiently Large to Retain any Child: This is a factual question. The container must be large enough for a child to climb completely inside. This would obviously apply to most refrigerators and large freezers, but could be debatable for smaller containers. We will examine the exact dimensions of the container in question to see if it truly meets this standard.
- Doors Which Fasten Automatically When Closed: This is a critical mechanical element. The danger this law seeks to prevent comes from older models of refrigerators and freezers where the door would latch shut from the outside, trapping someone inside. Many modern refrigerators do not have this type of automatic latching mechanism. We would investigate the specific model to determine if its doors actually fastened in this dangerous way.
- Exposed and Accessible to Children: The prosecutor must prove that the container was left in a location where it was both exposed and reasonably accessible to children. If you stored the refrigerator in a locked garage, a fenced-in backyard with a locked gate in Eagan, or inside your home, we can strongly argue it was not “accessible to children” as required by the statute.
- Without Removing Doors, Lids, Hinges, or Latches: Finally, the state must prove you failed to take one of the legally required preventative measures. If you can show that you did, in fact, remove the latching mechanism, take the door off its hinges, or even securely tie the door shut so it could not be closed, you have complied with the spirit and letter of the law, and the charge should be dismissed.
Penalties for a Conviction in Minnesota Can Be Severe
While this offense is classified as a misdemeanor, you should not take it lightly. A criminal conviction of any kind can have a negative impact on your life, creating a permanent record that can affect future opportunities. Understanding the potential penalties is essential as you decide how to approach your defense against these Minnesota charges.
Misdemeanor Penalties
In Minnesota, a misdemeanor is a criminal offense, and a conviction will result in a criminal record. The maximum penalties for Exposure of an Unused Refrigerator or Container to Children are:
- Up to 90 days in jail; and/or
- A fine of up to $1,000.
While it is uncommon for a judge to impose the maximum sentence for a first-time offense of this nature, the possibility exists. A judge could also place you on probation for up to one year, which would require you to remain law-abiding and comply with any other conditions the court imposes. The Minnesota sentencing for this crime aims to punish negligence, but the real penalty is often the lasting criminal record.
What This Charge Looks Like in Real Life — Common Scenarios in Minnesota
This law, while seemingly obscure, can be applied in many common, everyday situations. An innocent mistake or a moment of distraction during a busy day can suddenly lead to a police officer writing you a ticket. Here are some real-world scenarios of how people get charged with this offense across Minnesota.
The Curbside Appliance in St. Paul
You’ve just bought a new refrigerator for your home in St. Paul and you move the old, unused one out to the curb, intending for the city’s bulky item pickup to get it in a few days. You don’t think to do anything to the door. A neighborhood child is seen playing near it, and a concerned neighbor calls the police. Because the old fridge is accessible to any child walking by and you haven’t removed the door, you can be charged with a misdemeanor.
The Basement Cleanout in Rochester
You are a landlord cleaning out a rental property in Rochester after a tenant moved out and left an old chest freezer behind. You haul it out of the basement and leave it in the unfenced backyard while you arrange for disposal. The freezer is large enough for a child to climb into, and the heavy lid could latch or simply be too heavy for a small child to lift from the inside. Even if it’s on your private property, because the yard is accessible, you could be facing a charge.
The Garage Renovation in Minneapolis
You’re in the middle of a major garage renovation at your Minneapolis home. You’ve unplugged your old “beer fridge” and moved it into the driveway temporarily to make space. Your kids and their friends are playing nearby. Even though you plan to move it back soon, its temporary accessibility could be enough for a police officer to cite you for violating the statute, arguing it was “unused” and “exposed” at that moment.
The Farm Property in Rural Minnesota
You own a large piece of property in a rural area outside of St. Cloud. Over the years, an old, unused refrigerator has sat near a barn. You figure it’s so far off the beaten path that it’s not a risk. However, if children visiting a neighboring property wander onto your land and have access to it, you could still be held responsible as the owner of the property who is permitting the container to be exposed.
Legal Defenses That Might Work Against Your Charge
Even if you have been cited under § 609.675, you are not automatically guilty. The prosecution has the burden of proving every single element of the offense. As your defense attorney, I will carefully examine the facts of your case to find the weaknesses in the state’s argument. Often, police issue these citations without fully understanding the nuances of the law or the specific facts of the situation.
We will build a defense strategy tailored to your circumstances. This involves investigating the scene, taking photographs of the container and its location, and interviewing any witnesses. We will look at the specific model of the refrigerator to understand its mechanics and determine if it even had a dangerous, automatic latch. There are many ways to fight these charges, and we will explore every one of them to protect your record.
The Container Was Not “Accessible to Children”
This is one of the strongest and most common defenses. The law requires the container to be “exposed and accessible.” If you took reasonable steps to secure the area, the state cannot prove its case.
- Stored in a Locked Area: If the refrigerator was inside your locked garage, a shed with a padlocked door, or a basement with a locked door, it was not accessible. We would present evidence of the locks and the secure nature of the storage area.
- Stored in a Fenced-in Yard: If the container was in a backyard that was completely enclosed by a fence with a functioning, latched gate, we can argue that it was not reasonably accessible to children from the general public.
- Inside a Residence: If the container was inside your home, even if it was unused, it is generally not considered “exposed and accessible” in the way the statute contemplates, which is primarily aimed at outdoor hazards.
The Door Did Not “Fasten Automatically”
This law was written with a specific danger in mind: the old-style refrigerators with mechanical latches that would click shut. Many modern appliances do not have this feature.
- Magnetic Seal Doors: Most modern refrigerators use a magnetic seal, not a mechanical latch. A child inside can typically push the door open with relative ease. We can argue that a magnetic door does not “fasten automatically” in the dangerous manner the 1963 statute was designed to prevent.
- Broken or Removed Latch: We would physically inspect the appliance. If the latching mechanism was broken, rusted, or had been previously removed, then it was impossible for the door to fasten automatically, and this key element of the crime is missing.
The Container Was Not “Unused”
The statute specifically applies to unused containers. Your use of the appliance at the time of the alleged offense is a critical factual question.
- Temporary Relocation: If you were in the active process of moving, cleaning, or reorganizing, and the appliance was only temporarily disconnected and exposed, we can argue it was not “unused.” The law is meant to target abandoned or discarded items, not those in temporary transition.
- Alternative Storage Use: Perhaps the unplugged freezer in your garage was being used to store non-perishable items. If it was actively being used for a purpose, even if not its original one, we can argue it doesn’t fit the “unused” definition required for a conviction.
You Took Other Reasonable Safety Measures
The statute requires removing the doors, lids, hinges, or latches. However, we can argue that taking other, equally effective safety measures should be a valid defense.
- Door Secured Shut: If you used bungee cords, strong rope, or duct tape to securely strap the door shut so that it could not be opened by a child in the first place, you effectively eliminated the hazard. We would argue this action satisfies the safety requirement of the law.
- Appliance Facing a Wall: If you placed the refrigerator with its door pushed flush against a solid wall, making it impossible to open, you took a reasonable step to prevent access and danger. This practical measure can be a powerful defense.
Minnesota Refrigerator Exposure FAQs — What You Need to Know Now
Will I go to jail for this charge in Minnesota?
It is highly unlikely that you would go to jail for a first-time offense of this nature. While the law allows for up to 90 days in jail, judges typically reserve jail time for more serious offenses or for individuals with a long history of repeat offenses. The most common penalties are a fine and probation. However, the only way to be 100% certain you will not face jail is to win your case.
Can a charge for exposing a refrigerator be dismissed?
Yes, absolutely. A dismissal is often the primary goal in these cases. If we can show the prosecutor that they cannot prove one of the key elements of the crime—for instance, that the fridge was in a locked garage or that the latch was broken—they may agree to dismiss the charge. An attorney can negotiate with the prosecutor on your behalf to seek a dismissal.
Do I really need a lawyer for a misdemeanor charge in St. Paul?
It is always a wise decision to have a lawyer for any criminal charge, even a misdemeanor. The legal system is complex, and a prosecutor’s only job is to secure a conviction. An experienced lawyer knows how to navigate the Ramsey County court system, how to negotiate with prosecutors, and how to present your case in the most favorable light to protect your record.
How long will this charge stay on my record in Minnesota?
A misdemeanor conviction is a public record and will stay on your record permanently unless you take legal action to have it expunged. An expungement is a separate court process that seals the record from public view, but it is not available for all cases and can only be pursued after you have completed your sentence. The best strategy is always to prevent the conviction in the first place.
What if the refrigerator was on the curb for trash pickup?
This is a very common scenario. Even if it’s on the curb for a designated pickup, it is still considered “exposed and accessible to children” during the time it sits there. Before putting it on the curb in a city like Edina or Minnetonka, you are legally required to remove the door or take another safety measure.
Does this law apply to modern refrigerators?
It can, but it’s more difficult for the prosecution to prove. The key is whether the door “fastens automatically.” As a defense, we would argue that modern magnetic seals do not meet this classic definition, as they do not mechanically latch and can be pushed open from the inside.
What if the “child” was a teenager?
The statute says “any child.” While the law was designed to protect young children who might not understand the danger, the legal definition of a child in most contexts extends to anyone under 18. However, from a practical standpoint, it is much harder for a prosecutor to argue that a teenager was at risk of being “retained” in a refrigerator, which could be part of our defense.
I’m a landlord. Am I responsible for a tenant’s old refrigerator?
It depends on who is in “possession or control.” If a tenant moves out and abandons an old refrigerator on your property, you, as the property owner, likely gain control over it and the responsibility to secure it. This is a common issue for landlords in Minneapolis and other rental-heavy areas.
What is a “continuance for dismissal”?
A continuance for dismissal (CFD) is an excellent outcome where the judge “continues” the case for a period of time (usually 6-12 months). If you remain law-abiding and pay any court costs, the charge is dismissed at the end of the period, and it does not count as a conviction. This is often an ideal goal to negotiate for in a case like this.
The police officer was rude. Does that help my case?
While it’s frustrating, an officer’s bad attitude is not a legal defense to the charge itself. However, if the officer violated your constitutional rights—for example, by illegally entering your locked garage without a warrant to find the refrigerator—then we can file a motion to have the evidence suppressed, which could lead to a dismissal.
How much does it cost to hire a lawyer for a misdemeanor?
The cost will vary, but I handle many misdemeanor cases on a flat-fee basis. This means you will know the full cost of my representation upfront, with no hidden fees or surprise bills. During our initial consultation, we can discuss the specifics of your case and the fee for achieving the best possible outcome.
What if I just pay the fine?
Paying the fine is the same as pleading guilty. A conviction will be entered on your record immediately. You give up your right to a trial and your right to challenge the state’s evidence. Before you simply pay the fine, you should consult with an attorney to understand the long-term consequences of having a criminal record.
Does the law apply to other containers, like old coolers?
Yes. The statute explicitly says “or other container.” The key factors are whether it’s large enough to hold a child, has a door or lid that fastens automatically, and is left exposed. A large, old-fashioned picnic cooler with a latch could potentially fall under this law.
I live in a very safe neighborhood. Does that matter?
No. The law applies statewide, from the quietest cul-de-sacs in Woodbury to the busiest streets in downtown. The accessibility standard is about any child who could potentially come across the hazard, not just the children in your immediate neighborhood.
Can I just remove the latch instead of the whole door?
Yes. The law gives you several options: “removing the doors, lids, hinges, or latches.” Removing the latching mechanism is a perfectly acceptable way to comply with the law and would serve as a complete defense to the charge.
What a Misdemeanor Conviction Could Mean for the Rest of Your Life
It is a common mistake to think a misdemeanor conviction is no big deal. The reality is that any entry on your criminal record can create unexpected hurdles and close doors for you in the future. The conviction is public information, available to anyone who runs a background check.
Impact on Your Criminal Record and Job Opportunities
Many employers, especially for positions that involve trust, finance, or working with vulnerable people, run background checks. A conviction for a crime involving negligence and child safety, even a minor one, could be a red flag that causes a potential employer to choose another candidate. It may not seem fair, but it’s a reality of today’s job market.
Difficulties with Housing and Loans
Landlords and property management companies routinely run background checks on potential tenants. A criminal record can be grounds for denying your rental application, making it harder to find housing. Similarly, while less common for a single misdemeanor, some loan applications may inquire about your criminal history, potentially complicating the process.
Professional Licensing Issues
If you hold a professional license (e.g., in teaching, nursing, or real estate), you may be required to report any criminal conviction to your licensing board. While a single misdemeanor like this is unlikely to result in the loss of your license, it could trigger an inquiry or require an explanation, creating stress and uncertainty for your career.
Personal and Community Reputation
For many people, the most significant consequence is the personal embarrassment and the impact on their reputation. Being charged with a crime, even a minor one, is a stressful and public event. A conviction can make you feel branded and judged by your community, friends, and family. Protecting your good name is one of the most important reasons to fight the charge.
Why You Need a Tough, Experienced Minnesota Misdemeanor Attorney
When you are facing a criminal charge, no matter how minor it seems, you need a strong advocate in your corner. The government has a prosecutor whose job is to convict you. You need a defense attorney whose only job is to protect you.
The Advantage of a Dedicated Private Lawyer
Public defenders are dedicated attorneys, but they are often forced to handle hundreds of cases at once, leaving them very little time to focus on yours. As a private defense attorney, I limit my caseload so I can give your case the personal attention and detailed analysis it deserves. I will be the one answering your calls and standing next to you in court. I will personally handle every aspect of your defense from start to finish.
How Fast Action Can Lead to a Better Outcome
The best time to fight a criminal charge is right at the beginning. By hiring an attorney immediately, you give us the chance to gather evidence while it’s still fresh, speak with witnesses before their memories fade, and negotiate with the prosecutor from a position of strength. Often, a well-reasoned letter from an attorney can convince a prosecutor to drop or reduce charges before the case ever gets significant momentum.
Understanding the Local Courts Across Minnesota
Every courthouse has its own way of doing things. The prosecutors in Hennepin County might have different policies than those in Ramsey or Anoka County. I have represented clients in courtrooms all across Minnesota. I know the local court procedures, I know the prosecutors, and I know the judges. This local experience allows me to tailor a defense strategy that is most effective for the specific court where your case is being heard.
Building a Case That Protects Your Record
My goal in every misdemeanor case is simple: protect your clean record. This means fighting for a complete dismissal whenever possible. If a dismissal isn’t achievable, I will work tirelessly to negotiate for an outcome like a Continuance for Dismissal (CFD) or another resolution that avoids a conviction. I will meticulously prepare your case, challenge the state’s evidence, and do everything in my power to ensure that this one incident does not follow you for the rest of your life.