A Minnesota Student Defense Lawyer Explains the Charge and How to Protect Your Future
As a student, your world is filled with classes, friends, and plans for the future. The last thing you or your parents ever expected was to be sitting here, reading this, because of a criminal citation. A charge for Use of an Ignition Device in an educational building can feel confusing and disproportionately serious. Maybe you were just fidgeting with a lighter in your pocket, or maybe you and your friends were messing around with matches, never intending to cause any harm. Now, you’re facing not just school discipline, but a formal charge in the Minnesota legal system. The fear and uncertainty about what this means for your school record, your college applications, and your future are completely valid.
The school and the prosecutor might try to frame this as a serious, dangerous act, but I know that most of the time, these situations are the result of a simple lapse in judgment, not malicious intent. A petty misdemeanor might sound minor, but any mark on your record can create unexpected obstacles down the road. You are more than this single moment, and this charge should not be allowed to define you or derail your future.
You do not have to navigate this complicated situation alone. As a Minnesota defense attorney, I have dedicated my career to protecting the rights and futures of students across the state, from Minneapolis and St. Paul to Rochester, Duluth, Maple Grove, and every community in between. I understand how the juvenile and criminal justice systems intersect with school disciplinary proceedings. My mission is to build a strong defense that not only addresses the court citation but also protects your educational path. We will fight to ensure this one mistake does not have a lasting negative impact on your life.
What Using an Ignition Device Actually Means in Minnesota
When you’re a student facing a charge for Use of an Ignition Device in a Minnesota school, it’s important to understand exactly what that means. This is a very specific offense, classified as a petty misdemeanor, aimed directly at students in an educational setting. Essentially, the law makes it illegal for a student to use something like a lighter or matches inside a school building where there’s a clear risk of fire. This law is intended to prevent dangerous situations before they can escalate into actual arson.
The key aspects of a Minnesota Use of an Ignition Device charge are that it applies specifically to students, it must occur inside an educational building, and there has to be an obvious risk of fire created by the student’s actions. It’s a lower-level offense that applies when no actual fire damage occurs. So, if you were caught flicking a lighter in a school bathroom in a St. Cloud high school or striking matches in a hallway in a Plymouth middle school, you could face this charge. It’s designed to be a preventative measure, but a citation is still a legal matter that requires a serious and strategic defense.
Minnesota Law on Ignition Devices — Straight from the Statute
To build the strongest defense, we must start with the precise legal language the state will use against you. The charge comes from a specific statute that outlines exactly what conduct is prohibited. Every phrase in this law—from “student” to “obvious risk of fire”—is an element the prosecutor must prove and an area where we can challenge their case.
The controlling law is Minnesota Statute § 609.5633, USE OF IGNITION DEVICES; PETTY MISDEMEANOR. Here is the exact language:
609.5633 USE OF IGNITION DEVICES; PETTY MISDEMEANOR.
A student who uses an ignition device, including a butane or disposable lighter or matches, inside an educational building and under circumstances where there is an obvious risk of fire, and arson in the first, second, third, or fourth degree was not committed, is guilty of a petty misdemeanor. This section does not apply if the student uses the device in a manner authorized by the school.
For the purposes of this section, “student” has the meaning given in section 123B.41, subdivision 11.
Breaking Down the Legal Elements of Using an Ignition Device in Minnesota
For you to be found guilty of this petty misdemeanor, a prosecutor must prove several distinct elements of the offense. They carry the entire burden of proof. If we can show that even one of these components is not met, the case against you should be dismissed. We will carefully examine every piece of evidence to attack the state’s claims.
- A StudentThe law specifically applies only to a “student.” Under Minnesota Statute § 123B.41, a student is defined as a child enrolled in a school who is a resident of Minnesota (or whose parents are residents). This means the charge cannot be applied to a non-student visitor, a parent, or a teacher. Our first step is to confirm you meet this legal definition. While often straightforward, it’s a required element the state must formally establish as part of its case against you.
- Uses an Ignition DeviceThe prosecutor must prove that you actively used an ignition device. Merely possessing a lighter or matches in your pocket or backpack is not a crime under this statute. The law requires use, which means activating the device, such as flicking the lighter to create a flame or striking a match. The statute specifically lists butane lighters, disposable lighters, and matches as examples. We will challenge any evidence that does not clearly show you using the device to create a flame or spark.
- Inside an Educational BuildingThe prohibited act must take place within the physical confines of an educational building. This includes classrooms, hallways, bathrooms, gymnasiums, and other indoor areas of a school. If the alleged incident happened outside on school grounds, such as on the football field or in the parking lot, this statute would not apply. The location of the alleged act is a critical element, and we will scrutinize the evidence to confirm where the incident supposedly took place.
- Under Circumstances Where There is an Obvious Risk of FireThis is one of the most subjective and important elements. The state must prove that your use of the ignition device created an “obvious risk of fire.” This is a higher standard than a mere theoretical risk. For example, flicking a lighter in an empty, tiled bathroom may not present an obvious risk, while doing so near flammable materials like paper towels or curtains would. We will vigorously argue that the circumstances did not create an objective and obvious fire risk, making your conduct fall outside the scope of the statute.
Penalties for a Use of an Ignition Device Citation in Minnesota
While this offense is a petty misdemeanor—the lowest level of offense in Minnesota—it is a mistake to ignore it. A finding of guilt goes on your record and can trigger other serious consequences, especially within the school system. Understanding the potential penalties is key to appreciating why a strong defense is so important.
Petty Misdemeanor Adjudication
In Minnesota, a petty misdemeanor is technically not considered a “crime.” This means that a judge cannot sentence you to jail time. The maximum penalty for a petty misdemeanor is a fine of up to $300. While there is no jail and no probation, the finding of guilt is still a public record. You have the right to contest the charge in court with a trial before a judge (not a jury). The most significant consequences are often not from the court itself, but the collateral impacts that come with the citation.
School Disciplinary Action
Often more damaging than the court fine is the discipline the school will impose. A citation for this offense will almost certainly trigger a school investigation and can lead to suspension or even expulsion, depending on your school district’s policies in cities like Bloomington, Eagan, or Brooklyn Park. These disciplinary actions become part of your permanent school record and can have a far greater impact on your future than the small fine from the court.
What This Charge Looks Like in Real Life — Common Scenarios in Minnesota
These citations usually arise from moments of immaturity or curiosity rather than any genuine intent to cause harm. A simple, thoughtless act inside a school building can quickly escalate into a legal problem. Here are some real-world scenarios that could lead to a Use of an Ignition Device charge in a Minnesota school.
Fidgeting with a Lighter in a Minneapolis High School
You’re a student at a large Minneapolis high school, and you have a habit of fidgeting with things when you’re nervous. You’re in a stall in the school bathroom before a big test, and you take out a lighter and begin flicking it on and off without thinking. Another student sees the flame, reports it, and a school administrator confronts you. Even though you had no intention of burning anything, they could argue that using the lighter near toilet paper created an “obvious risk,” leading to a citation.
Showing Off for Friends in a Duluth Middle School
Imagine you’re a middle schooler in Duluth, and you found a book of matches on the way to school. In the locker room after gym class, you’re showing off to your friends by striking the matches and quickly blowing them out. You’re not trying to set anything on fire, just acting foolishly. A teacher overhears the commotion, finds the spent matches, and you are called to the principal’s office. This act could easily be classified as using an ignition device under circumstances with an obvious risk of fire.
A Science Project Mishap in a Rochester Suburb
You are a bright student in a Rochester-area school working on a science project that involves demonstrating a principle of combustion. You bring a butane lighter to school to use in your presentation, which you believe was authorized. However, you test it in the hallway beforehand to make sure it works. A teacher who was unaware of the project’s specifics sees you, assumes the worst, and confiscates the lighter. This misunderstanding could lead to a citation if the school claims your use was not properly “authorized.”
Curiosity in a St. Paul Library
You’re sitting in the school library in St. Paul, bored with your homework. You have a disposable lighter in your bag, and out of simple curiosity, you take it out under the table and spark it once to see the flame in the dim light. You don’t realize that a security camera is positioned overhead. When the footage is reviewed later, the school administration identifies you and issues a citation for using an ignition device in an educational building, arguing any flame in a library full of books is an obvious risk.
Legal Defenses That Might Work Against Your Ignition Device Charge
Being handed a citation can make it feel like you’ve already been found guilty, but that is not the case. As a student, you have rights, and the burden is entirely on the prosecutor to prove their case against you. An offense may seem minor, but fighting it is crucial to protect your record. My first step will be to thoroughly review every detail of the incident, from the school’s report to any witness statements, to find the holes in the case.
A strong defense is about challenging the narrative. Did your actions truly meet the strict legal definition in the statute? Was there really an “obvious risk” of fire, or is the school overreacting? Were your rights respected during the process? We will explore every available angle to seek a dismissal or a finding of not guilty. Even for a petty misdemeanor, a proactive and aggressive defense is essential to safeguarding your future from unnecessary blemishes. Below are some key defense strategies we can use.
No Obvious Risk of Fire
The heart of this offense is the requirement that the circumstances created an “obvious risk of fire.” This is a subjective standard and the prosecution’s weakest point. We can argue that your actions, while perhaps unwise, did not rise to this level.
- Controlled Environment: We can present evidence that the environment where the device was used was non-flammable. For example, using a lighter for a split second in a concrete stairwell or on a tile floor far from any combustible materials does not present an obvious risk of fire. We can argue that a reasonable person would not see the situation as dangerous.
- No Flammable Materials Nearby: A key factor is the proximity to flammable materials. If you were not near paper, trash, chemicals, or anything else that could easily ignite, we can build a strong case that the “obvious risk” element has not been met. We will challenge the state to prove what specific risk existed at that exact moment.
You Did Not “Use” the Device
The law is clear that mere possession is not a crime; the statute requires use. The definition of “use” can be debated, and we can challenge the prosecution’s interpretation.
- No Flame or Spark Produced: If you were only holding the lighter or had it in your hand but never actually activated it to create a flame, then you did not “use” it as intended by the law. Eyewitness accounts can be mistaken, and we can argue that there is no proof of actual use.
- Accidental Activation: It may be possible that the device activated accidentally. For example, a lighter could have sparked if it was dropped or bumped inside a backpack. In such a case, there was no intentional use on your part, which is a required element of the offense.
The Use Was Authorized
The statute provides a clear exception for any use that is “authorized by the school.” This authorization does not necessarily need to be in writing, creating an avenue for defense.
- Implied Authorization: You may have had a reasonable belief that your use was authorized, even if you didn’t have explicit permission. For instance, if it was for a class project, a school play, or another educational purpose, we can argue that you were operating under implied consent from a teacher or the school.
- Miscommunication with School Staff: There may have been a miscommunication between you and a teacher about the rules for a specific project or activity. If a teacher gave vague instructions that you interpreted as authorization, we can argue that you should not be held responsible for the misunderstanding.
Challenging the Evidence and Procedure
As with any charge, we will scrutinize the evidence and the procedure used to charge you. Mistakes made by the school or law enforcement can lead to a dismissal.
- Unreliable Witness Statement: The case against you might rely entirely on another student’s statement. We can challenge the credibility of that witness. Do they have a motive to lie? Was their view obstructed? Was it a case of mistaken identity? Raising doubt about the primary witness can cause the prosecution’s case to crumble.
- Procedural Errors: We will examine whether the school officials and any involved law enforcement followed proper procedures. Were you questioned without a parent or guardian present in a way that violated your rights? Was the evidence handled correctly? Any procedural misstep can be used to challenge the validity of the charge.
Minnesota Ignition Device Charge FAQs — What You Need to Know Now
What is a petty misdemeanor in Minnesota?
A petty misdemeanor is the lowest level of offense. It is not considered a crime, and the maximum penalty is a fine of up to $300. You cannot be sentenced to jail or probation for a petty misdemeanor.
Will I go to jail for using a lighter in school?
No. Because this offense is a petty misdemeanor, a judge cannot sentence you to jail time. The primary legal penalty is a monetary fine.
Can this charge be dismissed?
Yes. A dismissal is the primary goal. We can seek a dismissal by showing the prosecutor that they cannot prove all the elements of the offense, or by negotiating an outcome where you agree to certain conditions in exchange for the charge being dropped.
Do I really need a lawyer for a petty misdemeanor?
Yes. While the court penalty is small, the collateral consequences—like school suspension, a mark on your school record, and potential impacts on college applications—are serious. An attorney can help you fight the charge in court and navigate the school’s disciplinary process to protect your future.
How will this affect my school record?
A citation will likely trigger school disciplinary action, which could range from a warning to suspension or even expulsion. This discipline becomes part of your permanent school record and can be seen by colleges you apply to. Fighting the charge is critical to minimizing this impact.
How is a “student” defined for this law?
Under Minnesota law, a “student” is a child enrolled in a school who is a resident of Minnesota or whose parents are residents. The charge specifically applies to individuals who fit this definition.
What does “obvious risk of fire” mean?
This is a subjective standard that depends on the specific facts. It means a risk that a reasonable person would clearly recognize. Using a lighter near a pile of papers is an obvious risk; using one in an empty concrete room may not be. This is a key area for a defense attorney to challenge.
What if I was just holding the lighter and not using it?
If you were only in possession of an ignition device and did not actually “use” it to create a flame or spark, you have not committed this offense. Mere possession is not illegal under this statute.
Can I be charged if this happened outside on school property?
No. The law explicitly states the act must occur “inside an educational building.” If the incident took place in the school parking lot, on the athletic fields, or any other outside area, this specific charge does not apply.
Will this show up on a background check?
A petty misdemeanor adjudication is a public court record, so it could appear on a comprehensive background check. While it is not a “crime,” some employers or organizations may still view it negatively, which is another reason to fight to keep it off your record.
What if it was for a class project?
If you were using the device in a manner authorized by the school, such as for a science class or a school play, it is a complete defense. We would gather evidence from your teacher and the school to prove the use was authorized.
Should I (or my child) talk to the school principal or police alone?
No. You should not discuss the details of the incident with school administrators or law enforcement without an attorney present. They are gathering information to use against you. You have the right to have a lawyer represent you in these conversations.
What happens in court for a petty misdemeanor?
You will have a court hearing where you can plead guilty or not guilty. If you plead not guilty, you have the right to a trial in front of a judge (not a jury). An attorney can represent you at all stages, negotiate with the prosecutor, and conduct the trial if necessary.
How can this impact college applications?
Many college applications, including the Common App, ask if you have ever been subject to school disciplinary action or convicted of a crime. Having to check “yes” and explain the situation can negatively impact your admission chances. Avoiding the court conviction and minimizing the school discipline is critical.
Can this record be expunged?
Yes, it is often possible to get a petty misdemeanor record expunged (sealed from public view) in Minnesota. However, the process takes time and is a separate court action. The best strategy is to prevent the conviction from ever happening in the first place.
What a Conviction Could Mean for a Student’s Future
It’s tempting to think that a petty misdemeanor citation is “no big deal,” but for a student with a bright future ahead, any blemish on their record can create serious and unforeseen hurdles. The consequences extend far beyond a small fine and can impact educational and personal opportunities for years.
A Permanent School Disciplinary Record
The most immediate and often most damaging consequence is the school’s response. A citation for using an ignition device will almost certainly lead to school discipline, such as suspension. This action is recorded on your permanent student record. When you apply to colleges, you are often required to disclose any disciplinary history. An admission officer seeing a suspension for a fire-related offense may question your judgment and maturity, potentially tipping the scales in favor of another applicant.
Obstacles in College and Scholarship Applications
Beyond the disciplinary disclosure, a court record itself can be a problem. While a petty misdemeanor is not a crime, it is still a public record of an offense. Some competitive academic programs or scholarship applications may require broader background checks or ask questions about any legal citations. Having to explain this incident can be a disadvantage and could make you ineligible for certain honors programs or awards that require a spotless record.
Future Background Checks and Character Assessments
As you move into adulthood, you will face numerous background checks—for internships, volunteer positions, housing, and eventually, professional employment. An offense involving a lighter or matches at school, however minor it seemed at the time, can look concerning to a stranger reviewing your file. It can be misinterpreted as a sign of recklessness or poor decision-making, forcing you to re-explain a youthful mistake long after it happened.
A Chilling Effect on Future Advocacy
Sometimes, a student facing a charge like this feels wrongly accused or that the school overreacted. Simply paying the fine can feel like an admission of guilt that isn’t true. Fighting the charge, even when it seems easier to just pay it, is a way of standing up for yourself and ensuring your story is heard. Allowing an unfair charge to stick can be disheartening and may discourage a student from advocating for themselves in the future. Protecting your clean record is also about protecting your integrity.
Why You Need a Tough, Experienced Minnesota Student Defense Attorney
When your child’s future is on the line, you need more than just any lawyer. You need an advocate who understands the unique intersection of school disciplinary rules and the Minnesota court system. This is not a situation to handle alone.
The Advantage of a Private Lawyer Focused on Your Child’s Future
As a private attorney, my sole focus is on protecting my client. Unlike an overburdened public defender (who cannot be appointed for a petty misdemeanor anyway), I have the time and resources to dedicate to your child’s specific case. We will not be just another number on a docket. I will get to know you and your child, understand the full context of the situation, and build a defense that is not just about the court citation, but about protecting their entire future—their school record, their college ambitions, and their reputation.
How Swift Action Can Mitigate School Discipline
The court process for a petty misdemeanor can be slow, but school discipline is often swift and severe. The most critical time to act is immediately after the incident. By getting involved right away, I can open a line of communication with the school administration. I can present our side of the story, provide context that they may not have, and advocate for a lesser disciplinary measure—or none at all—while the court case is pending. This proactive approach can often prevent a suspension or other harsh penalty from ever making it onto your child’s permanent record.
Understanding the Nuances of Local School Districts and Courts
Every school district in Minnesota, from Eagan and Eden Prairie to Minnetonka and Wayzata, has its own code of conduct and disciplinary procedures. Likewise, every county courthouse has its own way of handling student citations. I have experience navigating these different systems across the state. I understand how to communicate effectively with school administrators and how to present a case to local prosecutors and judges. This knowledge of the local landscape is a significant advantage when fighting for your child.
Building a Case to Protect a Clean Record
My ultimate goal is to ensure this single incident does not leave a lasting mark. We will build a comprehensive strategy to fight the charge in court, aiming for a complete dismissal so there is no public record of a conviction. Simultaneously, we will manage the school disciplinary process to protect your child’s academic standing. A clean record is one of the most valuable assets a young person has. My commitment is to provide the aggressive, strategic, and compassionate defense necessary to preserve that asset and allow your child to move forward with confidence.