A Minnesota Defense Lawyer Explains What a § 609.68 Citation Means for You
You never thought a moment of carelessness—or perhaps a complete misunderstanding—could result in a criminal citation. But now you’re looking at a ticket for Unlawful Deposit of Garbage, Litter, or Like under Minnesota Statute § 609.68. It feels frustrating, maybe even a little ridiculous. Perhaps a piece of debris flew out of your truck bed on the highway, or maybe you left a bag of trash next to a full bin, assuming it would be collected. You might have been cleaning up a campsite or just flicked a cigarette butt out of your car window without thinking. Now, you’re facing a charge that, while minor, still feels like an attack on your character as a responsible citizen. You’re worried about what it means, whether you’ll have a record, and if it’s worth fighting. It’s easy to dismiss a petty misdemeanor, but any mark on your record can have unforeseen consequences. An accusation is not a conviction, and you have the right to challenge the state’s claim. As a Minnesota defense attorney, I’ve helped countless people across the state—from Minneapolis and St. Paul to Rochester, Duluth, and the suburbs like Maple Grove and Plymouth—navigate the legal system and protect their records. Even for a minor citation, you deserve a strong defense, and you don’t have to face this alone.
What “Unlawful Deposit of Garbage or Litter” Actually Means in Minnesota
When you are cited under § 609.68, the state is accusing you of illegally leaving behind garbage or other debris. In the plainest terms, this law makes it illegal to dump or deposit a wide range of items—from regular household garbage and cigarette filters to construction debris and even the body of a dead animal—in places you shouldn’t. This includes public property like highways, parks, public waters, and shoreland areas, as well as private land without the owner’s permission. The core of the offense is the unlawful placement of an unwanted item onto public or private property.
The law is broad and covers many different scenarios. It’s not just about large-scale illegal dumping; a single act of leaving a piece of litter can technically violate the statute. Facing a Minnesota unlawful deposit charge means a law enforcement officer believes they saw you, or has evidence to believe you are responsible for, leaving litter where it doesn’t belong. Because it’s a petty misdemeanor, the officer’s goal is often just to write the ticket and move on, without considering the full context of the situation or whether your actions were truly “unlawful.”
Minnesota Law on Unlawful Deposit of Garbage, Litter, or Like — Straight from the Statute
The legal basis for the citation you received is Minnesota Statute § 609.68. This law clearly defines the prohibited conduct and the places where depositing garbage is illegal. Reading the exact language of the statute is the first step in understanding the charge against you and building your defense.
Here is the exact language of the statute:
609.68 UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.
Whoever unlawfully deposits garbage, rubbish, cigarette filters, debris from fireworks, offal, or the body of a dead animal, or other litter in or upon any public highway, public waters or the ice thereon, shoreland areas adjacent to rivers or streams as defined by section 103F.205, public lands, or, without the consent of the owner, private lands or water or ice thereon, is guilty of a petty misdemeanor.
Breaking Down the Legal Elements of the Charge in Minnesota
For the state to find you guilty of this petty misdemeanor, the prosecutor must prove several specific elements beyond a reasonable doubt. Even for a minor citation, the burden of proof is still on the government. My job is to analyze the state’s evidence and attack their case at its weakest points. If even one element is unproven, you cannot be convicted.
- An Act of Deposit: The prosecutor must prove that you were the one who actually deposited the litter. This means they need evidence that you, personally, threw, dropped, or otherwise left the item behind. If garbage with your name on it is found on the side of a road in Bloomington, that may be evidence, but it’s not definitive proof. Someone else could have dumped it. The state must directly link you to the act of depositing.
- An Unlawful Deposit: The term “unlawfully” is key. This implies that your action was not permitted. For example, placing your garbage in a designated public waste receptacle is a lawful deposit. If you placed a bag next to an overflowing public can, we can argue your intent was lawful, even if your judgment was imperfect. The act must be truly unlawful, not just inconvenient.
- A Prohibited Item: The state must prove the item in question qualifies as “garbage, rubbish, cigarette filters, debris from fireworks, offal, or the body of a dead animal, or other litter.” While this definition is broad, it is not infinite. We can challenge whether the item you are accused of depositing truly qualifies as “litter” under a common-sense interpretation of the statute.
- A Prohibited Location: The deposit must have occurred in one of the specific locations listed in the statute. This includes public highways, public waters (like one of Minnesota’s 10,000 lakes), public lands, or private land without the owner’s consent. We will scrutinize the evidence to confirm the exact location of the alleged offense and whether it falls under the statute’s jurisdiction. For instance, if you are accused of dumping on private land in Eagan, the state must prove you did not have the owner’s permission.
Penalties for a Conviction in Minnesota Can Be Severe
While a petty misdemeanor is the lowest level of offense in Minnesota, a conviction is not without consequences. It’s crucial to understand that paying the fine listed on the ticket is an admission of guilt. This results in a conviction on your record. While you won’t face jail time for a petty misdemeanor, the other penalties and collateral consequences can be surprisingly disruptive.
Petty Misdemeanor Penalties
In Minnesota, a petty misdemeanor is a non-criminal offense, but it is still a violation of the law that gets recorded. The maximum penalty is a fine.
- A fine of up to $300.
You will not be sentenced to jail or probation for a petty misdemeanor. However, the Minnesota sentencing for this offense involves more than just the fine. The real penalty is the record of the conviction itself, which can appear on certain background checks and, importantly, on your driving record if the offense was committed on a highway. This can lead to higher insurance premiums and other unforeseen issues.
What This Charge Looks Like in Real Life — Common Scenarios in Minnesota
Littering charges can happen to anyone in a variety of everyday situations. Often, they result from a misunderstanding or a simple lack of awareness. Here are some common scenarios that lead to people being cited for unlawful deposit of garbage across Minnesota.
The Cigarette Butt in Downtown Minneapolis
You’re walking down a street in downtown Minneapolis and you flick a finished cigarette onto the pavement. An officer on foot patrol sees you and issues a citation for depositing a cigarette filter. To you, it’s a common, thoughtless act. To the officer, it’s a clear violation of the statute, and you are now facing a petty misdemeanor charge.
The Escaping Debris in Brooklyn Park
You’re hauling a load of branches and other yard waste in the back of your pickup truck on a highway in Brooklyn Park. You believe the load is secure, but a few small branches or leaves fly out onto the road. A state trooper pulls you over and, in addition to any other traffic violation, issues a citation for depositing debris onto a public highway.
The Campsite Cleanup in the Boundary Waters
You and your friends finish a camping trip in the Boundary Waters Canoe Area Wilderness, a pristine public land area near Duluth. You believe you have packed out all of your trash, but you inadvertently leave behind a small bag of garbage or some firework debris near your campsite. A park ranger finds it, traces it back to your permit, and mails you a citation.
The Misunderstood Garbage Day in Rochester
You’re moving out of your apartment in Rochester and have extra bags of trash that won’t fit in the designated bin. You see your neighbors have their trash out on the curb for pickup, so you place your extra bags next to theirs, assuming it’s acceptable. However, the property owner of that curb-space did not consent, and you could be cited for depositing garbage on private property without the owner’s permission.
Legal Defenses That Might Work Against Your Littering Charge
It may seem like overkill to hire an attorney for a petty misdemeanor, but if you value a clean record, it is the smartest move you can make. A conviction is not automatic. The government still has to prove its case, and there are many effective defenses we can use to challenge a § 609.68 citation.
As your attorney, I will carefully scrutinize the ticket and any report from the officer. We will analyze the specific facts of your situation to find the holes in the prosecution’s case. Did the officer actually see you deposit the litter, or are they making an assumption? Can they prove the land was public, or that you lacked consent on private property? Our goal is to create enough reasonable doubt to secure a dismissal or another outcome that keeps your record clean. How to fight littering charges in Minnesota often comes down to challenging the core facts presented by the citing officer.
You Were Not the Person Who Deposited the Litter
The state must prove your identity as the person who committed the act. If the citation is based on circumstantial evidence, such as mail with your name on it being found in a dumped bag of trash, we can argue that this doesn’t prove you were the one who dumped it.
- Someone Else Had Access: If the trash came from a shared household or business, we can argue that any number of people could have been responsible for its disposal. It is the state’s job to prove it was you and not someone else.
- No Eyewitness: If no one, including the officer, actually saw you deposit the litter, the state’s case is significantly weakened. A citation based purely on finding your property among the debris is highly contestable.
The Deposit Was Not “Unlawful”
The statute requires an unlawful deposit. If you had a reasonable belief that you were permitted to leave the item where you did, we can argue your conduct does not meet the definition of the offense.
- Implied Consent: On private property, we can argue that there was implied consent. For example, leaving a donation bag next to a charity’s designated drop-off bin that happens to be full could be seen as having implied consent.
- Intended for Proper Disposal: If you placed your garbage next to an overflowing public can, your intent was for it to be lawfully collected. We can argue this is not the kind of “unlawful deposit” the statute was designed to punish, which is indiscriminate dumping.
The Location Is Not Covered by the Statute
The law lists specific types of locations where depositing litter is illegal. If the alleged offense occurred somewhere else, the statute does not apply.
- Questioning “Public” vs. “Private”: We will investigate the ownership and status of the land in question. A seemingly public area may, in fact, be private property where the rules are different.
- Lack of Proof of No Consent: If the charge involves private property, the state has the burden of proving you did not have the owner’s consent. If the owner cannot be located or is unwilling to testify, the prosecutor may be unable to prove this essential element of their case.
The Item Is Not “Litter”
While the definition is broad, we can argue in certain edge cases that the item you deposited does not qualify as litter under a common-sense reading of the law.
- Biodegradable Items: If you are accused of depositing a biodegradable item, such as an apple core, in a natural area, we can argue that this does not constitute “garbage” or “rubbish” in the way the law intends.
- Minimal Debris: If a minuscule and unintentional amount of debris fell from your vehicle, we can argue this is too minor (de minimis) to be considered a criminal violation, and that the officer is unfairly applying the statute.
Minnesota Littering Charge FAQs — What You Need to Know Now
Will I go to jail for a littering charge in Minnesota?
No. A petty misdemeanor is a non-incarcerable offense in Minnesota. The maximum penalty is a fine of up to $300. You cannot be sentenced to jail time or probation for this level of offense.
Can a littering ticket be dismissed?
Yes, and this should be the primary goal. An experienced attorney can negotiate with the prosecutor or city attorney to seek a dismissal, often by highlighting weaknesses in the case or by arranging a “continuance for dismissal.”
Do I really need a lawyer for a petty misdemeanor ticket in St. Cloud?
If you want to keep your record clean, hiring a lawyer is your best bet. A lawyer who knows the St. Cloud and Stearns County court system can handle the appearance for you and negotiate a resolution that avoids a conviction. Without a lawyer, you are left to navigate the system on your own against a prosecutor who handles these cases every day.
How long will a littering ticket stay on my record in Minnesota?
If you simply pay the fine, it results in a conviction that will appear on your record permanently. While it is a non-criminal offense, it can still show up on certain comprehensive background checks. If the offense occurred on a highway, it will also be entered on your Minnesota driving record.
What is a petty misdemeanor?
A petty misdemeanor is the lowest level of offense in Minnesota. It is not considered a crime, but it is a legal violation. Pleading guilty (by paying the fine) still results in a conviction being entered on your record.
What if the litter flew out of my truck by accident?
This is a very common situation. However, the law does not require intent. The simple act of depositing the litter, even accidentally, is enough to violate the statute. The defense would not be that it was an accident, but rather that the amount was too minimal to be a crime or that you had taken reasonable steps to secure your load.
I got the ticket in the mail. Do I have to respond?
Yes. Ignoring a citation is a bad idea. Failing to respond or appear in court can lead to a default judgment against you and may even result in your driver’s license being suspended if the offense is tied to a traffic stop.
What is a “continuance for dismissal”?
A continuance for dismissal (CFD) is an excellent outcome where the case is put on hold for a set period (usually 6-12 months). If you stay out of trouble during that time, the charge is dismissed completely, and no conviction ever enters your record. This is an outcome I frequently negotiate for my clients with petty misdemeanor citations.
Should I just pay the fine and get it over with?
Paying the fine is the easiest option, but it is also an admission of guilt and results in a conviction. Before you pay the fine, you should consider the long-term consequences of having a conviction on your record. A small investment in legal help can often lead to a much better outcome that protects your future.
Can a littering ticket affect my car insurance?
Yes. If the citation was issued on a public highway and entered onto your driving record, your insurance company may see it at your next renewal. Any new entry on your driving record can potentially lead to an increase in your insurance premiums.
What if I was just cleaning up someone else’s mess and got cited?
This would be a frustrating and unfair situation, but it could happen. In this scenario, we would have a strong defense. We would gather evidence and witness testimony to show that you were acting as a good citizen, cleaning up the area, not unlawfully depositing litter.
The officer didn’t have proof it was me. What can I do?
The burden of proof is always on the state. If the officer’s case is based on weak circumstantial evidence—like an old piece of mail in a bag of trash—we can challenge it aggressively. You have the right to demand that the prosecutor prove their case beyond a reasonable doubt.
Does this apply to natural things like leaves or grass clippings?
The statute does not explicitly exempt natural or biodegradable materials. Dumping a large pile of grass clippings on public land or a neighbor’s property without consent could certainly lead to a citation. Context is key, and we would argue that a small amount of natural debris should not be considered “litter.”
I can’t afford a big fine. What are my options?
If you are convicted, the court will typically allow you to set up a payment plan to pay the fine over time. However, a better strategy is to hire an attorney to try and get the charge dismissed entirely, so you don’t have to pay any fine at all (other than potentially minor court costs for a CFD).
What’s the difference between this and illegal dumping?
This statute covers the broad range of littering, from a single cigarette butt to a bag of trash. More serious, large-scale illegal dumping, especially of hazardous materials or for commercial purposes, is often charged under more severe statutes, which can be gross misdemeanors or even felonies.
What a Petty Misdemeanor Conviction Could Mean for the Rest of Your Life
It’s tempting to think that a non-criminal, fine-only offense won’t have any lasting impact. Unfortunately, that’s not always the case. In our digital world, records are permanent, and any conviction can create problems you didn’t anticipate.
A Mark on Your Driving Record
Perhaps the most significant consequence of a § 609.68 conviction is its appearance on your Minnesota driving record if the offense occurred on a highway. This is public information accessible to your insurance company. When your policy comes up for renewal, the insurer may raise your rates due to the new violation on your record, costing you money for years to come.
Impact on Background Checks
While a petty misdemeanor is not a crime, it can still appear on comprehensive background checks used by employers, landlords, and licensing agencies. In a competitive job market, an employer choosing between two equal candidates may opt for the one with a completely clean record. It can be a “tie-breaker” that works against you for opportunities in fields that require a high level of trust or a clean driving record.
Professional and Commercial Driving Consequences
If you drive for a living or hold a Commercial Driver’s License (CDL), any new entry on your driving record is a serious matter. A conviction could violate your employer’s policies or put you at risk during a compliance review. For professions regulated by the Department of Transportation, maintaining a clean driving record is paramount.
The Principle of a Clean Record
For many people, the most important consequence is a personal one. You have spent your life as a responsible, law-abiding citizen. A criminal conviction of any kind, even a minor one, feels like a stain on that record. It’s a matter of principle. Fighting the charge is about protecting your good name and ensuring that a single mistake or misunderstanding doesn’t become a permanent mark against you.
Why You Need a Tough, Experienced Minnesota Attorney, Even for a Petty Misdemeanor
When you’re facing any kind of charge, you deserve a dedicated advocate who will fight for you. The legal system is intimidating, and prosecutors are not on your side. My role is to stand between you and the state and to ensure your rights are protected at every turn.
The Advantage of a Dedicated Private Lawyer
As a private defense attorney, I am able to provide the personal attention that your case deserves. Unlike overworked public defenders, I limit my caseload so that I can fully invest in every client’s defense. I will handle your case personally from start to finish. You will have direct access to me to ask questions and will never be passed off to another associate. Your case is my priority.
How Fast Action Can Make All the Difference
The best time to resolve a petty misdemeanor is right at the beginning. By hiring me quickly, I can contact the prosecutor or city attorney on your behalf, often before the first court date. We can present your side of the story and point out the weaknesses in the case against you. This proactive approach frequently leads to quick dismissals, saving you the time, stress, and expense of a prolonged court process.
Understanding the Local Courts Across Minnesota
From the Hennepin County Violations Bureau to the local courthouses in Anoka, Dakota, and Ramsey counties, each jurisdiction has its own way of handling these citations. I have experience in courts all across Minnesota. I know the local prosecutors and their policies, and I know what arguments are most effective in front of different judges. This local knowledge is a powerful tool in crafting a winning defense strategy.
Building a Case That Gets Results
My primary goal is always to protect your record. For a petty misdemeanor, this means fighting for a complete dismissal of the charge. If that’s not possible, I will work to negotiate a Continuance for Dismissal (CFD) or another outcome that avoids a conviction. I will meticulously review the evidence, prepare your defense, and appear on your behalf, so you may not even have to go to court. Don’t let a minor ticket create a major problem—let me fight for you.