Charged Under § 609.396? A Minnesota Lawyer Explains Your Rights and Defenses
You never intended to break the law. Maybe you were out for a hike or snowmobiling and accidentally strayed onto property you didn’t realize was a military installation. Perhaps you were a curious urban explorer, or you were participating in a protest and crossed a line you weren’t aware existed. Now, you’re facing a criminal charge for Unauthorized Presence on a Military Installation in Minnesota. The words themselves sound intimidating and serious, and you’re likely worried about what this means for your future. You could be facing anything from a misdemeanor to a felony charge, with the threat of jail time, significant fines, and a permanent criminal record.
This isn’t a simple trespassing ticket. These charges are pursued aggressively because they involve the security of state and federal military facilities. The prosecutor will try to paint you as a security risk, someone who intentionally breached a sensitive area. They don’t know your side of the story—that it was a simple mistake, a misunderstanding, or an act of protest that wasn’t meant to cause harm. I am a Minnesota criminal defense attorney who has defended clients across the state, from Hennepin and Ramsey counties to the areas surrounding major installations like Camp Ripley. I understand the nuances of these cases and how to fight back against an overzealous prosecution. You don’t have to face this alone.
What Unauthorized Presence on a Military Installation Actually Means in Minnesota
In Minnesota, being charged with unauthorized presence on a military installation means the state believes you intentionally entered or remained on military-controlled property without permission. This can range from wandering onto a National Guard campground to being present in an armory or on a federal air reserve base. The key here is that the property is used for military purposes and that you did not have authorization from the commanding officer or another appropriate authority to be there. This isn’t just about a fence; it’s about the nature and control of the property itself. A Minnesota unauthorized presence charge alleges you knowingly violated a secure military perimeter.
The crime becomes much more serious, elevating to a felony, if you enter an area that is clearly posted as being restricted for hazardous activities, like a live-fire weapons range. In this scenario, the prosecutor must prove not only that you entered the restricted zone intentionally, but also that you knew your presence there created a risk of death, serious injury, or significant property damage. Facing this kind of accusation can be terrifying, as it implies a level of recklessness that can be difficult to defend against without experienced legal counsel.
Minnesota Law on Unauthorized Presence on Military Installations — Straight from the Statute
The legal framework for this offense is laid out in Minnesota Statute § 609.396. It’s crucial to understand the exact language the state will use to build its case against you. The statute clearly separates the misdemeanor offense from the much more serious felony charge.
609.396 UNAUTHORIZED PRESENCE ON MILITARY INSTALLATIONS.
Subdivision 1.Misdemeanor. A person is guilty of a misdemeanor if the person intentionally and without the authorization of the adjutant general or a duly appointed commander in accordance with federal regulations enters or is present on or in any campground, any military reservation, any armory, any installation, or any facility owned or controlled by the state or federal government for military purposes.
Subd. 2.Felony. A person is guilty of a felony and may be sentenced to not more than five years imprisonment or to payment of a fine of not more than $10,000, or both, if:
(1) the person intentionally enters or is present in an area that is posted by order of the adjutant general as restricted for weapon firing or other hazardous military activity; and
(2) the person knows that doing so creates a risk of death, bodily harm, or serious property damage.
Breaking Down the Legal Elements of the Charge in Minnesota
To secure a conviction, the prosecutor must prove every component of the alleged crime beyond a reasonable doubt. This high standard gives us the opportunity to challenge the state’s case at every turn. A thorough defense involves dissecting each element and showing a jury where the prosecution’s evidence falls short. We will force the state to prove its case, and I know where to find the weaknesses.
- Intent: For either the misdemeanor or the felony, the state must prove you acted intentionally. This means you must have had the conscious objective to enter or remain on the property. If you wandered onto the base by accident, got lost, or had no idea you were crossing onto a military installation, you did not act with the required intent. This is often the most critical element to challenge in your defense.
- Unauthorized Presence: The prosecutor must demonstrate that your presence was without authorization. Authorization must come from the adjutant general or a designated commander. If you had a legitimate reason to be there—perhaps you were a contractor, a visitor with a pass, or had received implied permission in the past—then your presence was not unauthorized. We will investigate the specific rules and customs of the installation in question.
- Military Property: The location must be a campground, reservation, armory, installation, or facility that is owned or controlled by the state or federal government for military purposes. We can challenge whether the specific piece of land you were on was clearly marked or designated as such. If the boundaries were unclear or the property was not being actively used for military purposes, this element may not be met.
- Knowledge of Risk (Felony Only): For the felony charge, the state has a much higher burden. They must prove not only that you entered a posted, hazardous area, but that you knew your presence created a risk of death, bodily harm, or serious property damage. This is a subjective standard. We will argue that you did not see the postings, did not understand the nature of the risk, or that a reasonable person would not have known about the potential danger.
Penalties for a Conviction in Minnesota Can Be Severe
A conviction for being on a military installation without permission is far more serious than a simple trespassing citation. The state of Minnesota has established significant penalties to deter any breach of military security. Whether you are facing a misdemeanor or a felony, a conviction will result in a permanent criminal record and other life-altering consequences. Understanding the potential Minnesota sentencing for this crime is the first step toward building a powerful defense.
Misdemeanor Penalties
If you are convicted of the misdemeanor offense under Subdivision 1, you face:
- Up to 90 days in jail.
- A fine of up to $1,000.
- Or both.
While a misdemeanor is the lesser of the two offenses, a conviction can still impact your ability to find employment and will remain on your public record.
Felony Penalties
If you are convicted of the felony offense under Subdivision 2, the penalties are drastically more severe:
- Up to five years in state prison.
- A fine of up to $10,000.
- Or both.
A felony conviction carries with it a lifetime ban on owning firearms, the loss of voting rights while on probation, and immense barriers to future employment and housing.
What This Crime Looks Like in Real Life — Common Scenarios in Minnesota
These charges often arise from situations that start innocently but quickly escalate due to the sensitive nature of military property. An ordinary person can easily find themselves on the wrong side of the law without any malicious intent. The context of your actions is everything, and prosecutors often ignore that context in their rush to secure a conviction.
Here are some common scenarios where you might face an unauthorized presence charge in Minnesota.
An Accidental Detour Near Camp Ripley
You are snowmobiling on trails in central Minnesota near Camp Ripley. The trails are poorly marked, and you take a wrong turn, ending up on what you later learn is part of the military reservation. A military police officer stops you and, despite your apologies and explanation, decides to charge you with misdemeanor unauthorized presence. You had no intent to be on military land, but now you face a criminal charge.
A Protest Outside the Minneapolis-St. Paul Air Reserve Station
You are part of a peaceful protest near the main gate of the Air Reserve Station in Minneapolis. During the demonstration, the crowd surges forward, and you unknowingly cross a painted line on the pavement that legally marks the boundary of the installation. Federal or state authorities decide to make an example of the protesters and charge several people, including you, with misdemeanor unauthorized presence.
Urban Exploration at a Duluth Armory
You are an urban photographer who enjoys exploring and documenting old buildings. You notice a seemingly abandoned National Guard armory in Duluth. Believing it to be unused, you find an unlocked door and go inside to take pictures. You are discovered by a maintenance worker and charged with misdemeanor unauthorized presence, even though you meant no harm and believed the facility was no longer in active use.
A Hunting Mistake Near a Firing Range
You are deer hunting on public land that borders a military installation. You follow what you believe is a deer trail into a wooded area. You don’t see any warning signs, but you have unknowingly entered a restricted live-fire training range. When you are discovered, you are charged with a felony because the area was technically posted, and the state claims you should have known you were creating a risk of death.
Legal Defenses That Might Work Against Your Charge
An accusation is not a conviction. When you are charged with unauthorized presence on a military installation, there are numerous powerful defenses we can use to fight your case. As your attorney, I will conduct a thorough investigation into every aspect of the charge, from the specific location and its markings to your intent and the actions of the military personnel involved.
The government has the full burden of proving its case beyond a reasonable doubt. My job is to introduce that doubt and show the judge or jury that the state’s case is not as strong as it appears. We will build a defense strategy tailored to the unique facts of your situation, with the ultimate goal of achieving a dismissal, an acquittal, or a significant reduction of the charges. How to fight unauthorized presence charges in Minnesota often comes down to challenging the core elements of intent and authorization.
Lack of Intent
This is often the most powerful defense. The state must prove you intentionally entered the military installation. If your entry was accidental or a mistake, you are not guilty of this crime.
- Mistake of Fact: We can argue that you genuinely did not know you were on military property. This is particularly effective if the boundaries were not clearly marked, if fences were in disrepair, or if you were following a trail or road that led you there by mistake.
- Accidental Entry: If you were hiking, hunting, or recreating in an adjacent area and inadvertently crossed the property line, we can demonstrate that your entry was accidental, not intentional. We can use maps, GPS data, and photographs of the area to prove the lack of clear demarcation.
You Had Authorization (or a Reasonable Belief You Did)
The state must prove your presence was “without authorization.” We can challenge this by showing you had a legitimate reason to be there or reasonably believed you had permission.
- Implied Consent or Custom: In some areas, the public may have been allowed to access parts of a military base for years without issue (e.g., for fishing or hiking). If we can show a history of the military tolerating public access, we can argue you had implied consent to be there.
- Legitimate Business Purpose: If you were on the installation as a contractor, a delivery driver, or a visitor to see someone, your presence was authorized. We will fight back against any attempt by the prosecution to claim your authorization was invalid or had expired.
The Property Was Not Properly Posted or Controlled
For the felony charge, the state must prove the area was “posted” as restricted. Even for the misdemeanor, the lack of clear signage or control can support a defense of mistake of fact.
- Inadequate Signage: We will personally investigate the location where you were arrested. If warning signs are missing, fallen over, covered by vegetation, or illegible, we can argue the area was not properly posted and you had no way of knowing it was restricted.
- Lack of Fencing or Barriers: If the installation is not secured by a fence or other clear physical barrier, it strengthens our argument that you could have easily and unintentionally wandered onto the property without realizing it.
Challenging the “Knowledge of Risk” for a Felony
For a felony conviction, the state must prove you knew your presence created a risk of death or serious harm. This is a very high bar.
- No Subjective Knowledge: We will argue that you personally did not see any signs, hear any activity, or have any other reason to believe that the area was dangerous. The standard is what you knew, not what a hypothetical person might have known.
- Unreasonable Risk: We can also challenge whether the risk was as great as the state claims. If the firing range was not active at the time, or if the “hazardous activity” was minimal, we can argue that your presence did not actually create the level of risk required for a felony conviction.
Minnesota Unauthorized Presence FAQs — What You Need to Know Now
Will I go to jail for this charge in Minnesota?
It is possible. A misdemeanor conviction carries up to 90 days in jail, and a felony conviction carries up to five years in prison. An experienced attorney can often negotiate alternatives to incarceration, such as fines, community service, or probation, especially for a first-time offense.
Can this charge be dismissed?
Yes. A skilled defense attorney can often get these charges dismissed. If we can show that you lacked intent, that you had a form of authorization, or that the state’s evidence is weak, we can file a motion to dismiss the case. Early intervention is key.
Do I need a lawyer for this charge in Minneapolis or St. Paul?
Absolutely. Whether you were charged near the Twin Cities or in a more rural area like near Duluth, you should never face this charge alone. It is a serious offense with potentially severe consequences. A lawyer can protect your rights, challenge the evidence, and build the strongest possible defense.
How long will this stay on my record in Minnesota?
A conviction, whether a misdemeanor or a felony, will stay on your criminal record permanently unless you can get it expunged. The expungement process is complex and not always successful. The best approach is to avoid the conviction entirely.
What is the difference between this and simple trespassing?
While similar, this crime is more serious because it involves military property, which is considered a sensitive and secure location. The penalties are harsher, and the prosecution tends to be more aggressive than in a standard trespassing case.
What if I am a member of the military?
If you are a member of the military, you could face both civilian criminal charges and punishment under the Uniform Code of Military Justice (UCMJ). This could include a court-martial and have a devastating impact on your military career. It is crucial to have a civilian defense attorney who understands these parallel risks.
Can I be charged if I didn’t see any signs?
Yes, you can still be charged. However, the lack of clear and visible signage is a very strong defense. We can use this to argue that you did not have the required intent or, for a felony, that you had no knowledge of the risk.
What if I was just taking pictures?
Your motive doesn’t change the elements of the crime. However, your innocent purpose (e.g., photography, hiking) can be used to support the argument that you lacked criminal intent and made an honest mistake.
Can a felony conviction be reduced to a misdemeanor?
In some cases, yes. Through negotiation with the prosecutor, it may be possible to have a felony charge reduced to a misdemeanor, especially if the evidence for the “knowledge of risk” element is weak. This is a primary goal in any felony defense.
What does “authorization” mean? Who can give it?
The statute specifies authorization from the “adjutant general or a duly appointed commander.” This means permission must come from the official chain of command for the installation. A low-ranking soldier or civilian employee likely cannot grant legal authorization.
What a Conviction Could Mean for the Rest of Your Life
A conviction for unauthorized presence on a military installation can have consequences that ripple through your life for years to come, long after any sentence is served. The stigma of a criminal record, especially for an offense that touches on national security, can close doors you never even knew existed.
A Permanent Criminal Record and Job Impact
A conviction will appear on any background check run by potential employers. For a felony, this is often an automatic disqualifier. Even a misdemeanor can make it difficult to find work, especially in fields that require a security clearance, a government background check, or positions of trust. You could be barred from careers in aviation, law enforcement, defense contracting, and many other industries.
Loss of Your Second Amendment Rights
If you are convicted of the felony offense, you will be permanently prohibited from owning, possessing, or even touching a firearm or ammunition for the rest of your life under both state and federal law. This is a complete and total loss of your Second Amendment rights, and violating this ban is a new felony offense.
Barriers to Housing and Education
Many landlords are hesitant to rent to individuals with a criminal record. A conviction could make it much harder for you to find safe and affordable housing for you and your family. Furthermore, a felony conviction can be a barrier to admission to college or graduate school and may make you ineligible for federal student loans and grants.
Immigration Consequences
For non-citizens, a conviction for this crime could have severe immigration consequences. While a single misdemeanor may not always lead to deportation, a felony conviction almost certainly would. It could be deemed a crime that makes you deportable and inadmissible, preventing you from ever returning to the United States.
Why You Need a Tough, Experienced Minnesota Attorney
When you are facing a charge that involves military property, you are not just up against a local prosecutor; you are up against the perceived interests of state and national security. You need a defense attorney who is not intimidated and who has the experience to handle these unique and challenging cases.
A Private Lawyer’s Focused Approach
Unlike a public defender who may be juggling hundreds of cases, I will give your case the personal attention and dedication it deserves. This is not just another file to me. I will take the time to listen to your side of the story, to personally investigate the scene of the alleged crime, and to craft a defense strategy tailored to your specific circumstances. You will work directly with me, your advocate, from start to finish.
The Power of a Fast and Proactive Defense
The most critical time in a criminal case is the very beginning. By taking swift action, we can often get ahead of the prosecution. I can contact the prosecutor early to present our side of the story, highlight the weaknesses in their evidence, and negotiate for a dismissal or a significant reduction in the charges before the case gains momentum. A proactive defense can change the entire outcome.
Understanding the Courts in Minneapolis, St. Paul, and Statewide
I have defended clients in courtrooms throughout Minnesota. I understand the local court rules, the tendencies of the prosecutors, and the philosophies of the judges in Hennepin County, Ramsey County, and across the state. Whether your case is in a bustling urban court or a quieter rural one, this local knowledge is a powerful advantage in building a defense that resonates with the decision-makers in your case.
Building a Case That Gets Results
My objective is always to achieve the best possible result for you. That could be a full dismissal of the charges, an acquittal after a jury trial, or a favorable plea agreement that keeps you out of jail and protects your future. I will meticulously examine every piece of evidence, from the police reports and body camera footage to the installation’s own regulations and signage. I will fight to expose the weaknesses in the state’s case and to tell your story. You deserve a powerful defense, and I am ready to provide it.