MN Critical Facility Trespass Lawyer

Charged Under Minn. Stat. § 609.6055? A Minnesota Lawyer Explains the High Stakes and Your Defense.

You never expected to be reading a page like this. But now you’re facing a serious charge: Trespass on a Critical Public Service Facility. This isn’t a simple trespassing ticket. It’s a gross misdemeanor offense that the state of Minnesota treats with extreme seriousness, often pursued with the fervor of a political statement. Perhaps you were involved in a protest regarding a pipeline project near the Iron Range. Maybe you were simply taking photos near a railroad yard in Minneapolis or a bus station in St. Paul and inadvertently crossed an invisible line. Or you might have been seeking a quiet place, only to find yourself on property belonging to a utility company in Rochester or Duluth, and now you’re facing a criminal record.

The government and the powerful corporations that own these facilities will portray you as a threat to public safety and critical infrastructure. They will use the full force of the law to make an example out of you. You need to understand that from this moment forward, you are up against prosecutors who are under pressure to secure convictions in these high-profile cases. I am a Minnesota criminal defense attorney who has stood up for individuals across the state, from the Twin Cities suburbs of Bloomington and Eagan to the northern corners of St. Louis County. I know how these cases are built and, more importantly, I know how to take them apart. You don’t have to face this alone. This is your future, and the fight to protect it starts now.

More Than Just Trespassing: What This Charge Actually Means in Minnesota

When you are facing a charge under Minnesota Statute § 609.6055, the state is accusing you of much more than just being somewhere you weren’t supposed to be. They are alleging that you illegally entered or remained on property that is considered essential to public safety and commerce. This includes a wide range of sensitive locations, such as oil refineries, power plants, railroad yards, airports, and the land housing pipelines. A Minnesota charge for trespass on a critical public service facility is specifically designed to carry heavier penalties and send a stronger message than a standard trespassing violation.

To be convicted, the prosecutor has to prove not only that you were on the property without permission, but also that an aggravating factor was present. This could be that the property was clearly posted with “No Trespassing” signs, that you refused to leave when ordered to do so by someone in authority, or that you had been warned to stay away within the last six months. These charges are frequently used against political protesters, but they can just as easily ensnare urban explorers, photographers, or anyone who accidentally wanders onto these often poorly marked properties. Understanding the specific elements the state must prove is the first critical step in building your defense.

Minnesota Law on Trespassing on Critical Public Service Facilities — Straight from the Statute

The legal authority for your charge comes directly from Minnesota Statute § 609.6055, titled “Trespass on Critical Public Service Facility; Utility; or Pipeline.” This is the precise law the prosecution will use to try and convict you. It’s important to see the exact language that I will be working to defend you against.

609.6055 TRESPASS ON CRITICAL PUBLIC SERVICE FACILITY; UTILITY; OR PIPELINE.

Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.

(b) “Critical public service facility” includes buildings and other physical structures, and fenced in or otherwise enclosed property, of railroad yards and stations, bus stations, airports, and other mass transit facilities; oil refineries; and storage areas or facilities for hazardous materials…

(c) “Pipeline” includes an aboveground pipeline, a belowground pipeline housed in an underground structure, and any equipment, facility, or building located in this state that is used to transport natural or synthetic gas, crude petroleum or petroleum fuels or oil or their derivatives…

Subd. 2. Prohibited conduct; penalty. (a) Whoever enters or is found upon property containing a critical public service facility, utility, or pipeline, without claim of right or consent of one who has the right to give consent to be on the property, is guilty of a gross misdemeanor, if:

(1) the person refuses to depart from the property on the demand of one who has the right to give consent;

(2) within the past six months, the person had been told by one who had the right to give consent to leave the property and not to return…; or

(3) the property is posted.

Breaking Down the Legal Elements of a Critical Facility Trespass Charge in Minnesota

For the government to secure a gross misdemeanor conviction against you, they can’t just point a finger. They have a strict set of facts—called “elements”—that they must prove beyond a reasonable doubt. If we can show that they have failed to prove even one of these elements, their case crumbles. My entire strategy will revolve around a meticulous attack on each element of the state’s case to protect your freedom and clear your name. Here is what the prosecutor must establish:

Entry Without Claim of Right: First, the prosecutor must prove that you entered or were on the property without a legitimate right to be there and without the consent of someone who could grant permission. This is the basic element of any trespass charge. However, a “claim of right” can be complex. It could involve an easement, an implied permission to enter, or a genuine and reasonable belief that you were allowed to be there. We will explore every possibility to show that your presence was not the criminal act the state alleges.
A “Critical Public Service Facility”: The property you were on must legally qualify as a “critical public service facility,” “utility,” or “pipeline” under the statute’s very specific definitions. It is not enough for the property to be privately owned; it must be a location like a power plant, railroad yard, oil refinery, or pipeline facility. We will scrutinize the nature of the property to determine if it truly fits the high-security definition laid out in the law. If it doesn’t, the gross misdemeanor charge cannot stand.
An Aggravating Factor: This is what elevates the charge to a gross misdemeanor. The prosecution must prove at least one of the following three conditions existed:
1. Refusal to Depart: You were told to leave by an authorized person and you refused.
2. Prior Warning: You had been warned to stay off the property within the previous six months.
3. The Property Was Posted: The property had legally sufficient “No Trespassing” signs. We will aggressively challenge whichever factor they rely on, questioning the authority of the person who gave the order, the validity of a prior warning, or whether the signs met the law’s strict requirements for size, language, and placement.

Penalties for a Critical Facility Trespass Conviction in Minnesota Can Be Severe

Do not mistake this for a simple ticket. The state has classified this offense as a gross misdemeanor for a reason—they want to impose serious penalties to deter any interference with what they deem critical infrastructure. A conviction is not just a slap on the wrist; it’s a serious criminal offense that can result in jail time, significant fines, a permanent criminal record, and a host of collateral consequences that can impact your life for years to come. The penalties are designed to be harsh.

Gross Misdemeanor Conviction

A conviction under Minnesota Statute § 609.6055 is a gross misdemeanor, which is the most serious level of crime below a felony.

Maximum Jail Time: Up to 364 days in a county jail.
Maximum Fine: Up to $3,000.
Probation: A lengthy period of probation, often with strict conditions such as staying away from certain locations or organizations.
Criminal Record: A permanent criminal record that will show up on background checks for employment, housing, and professional licensing, branding you as a risk.

What Critical Facility Trespass Looks Like in Real Life — Common Scenarios in Minnesota

These charges are rarely the result of a clear-cut plan to commit a crime. They almost always arise from situations that are nuanced, politically charged, or simply misunderstood. The cold text of the statute doesn’t capture the real-world circumstances that lead to an arrest. You may find your own story reflected in these common scenarios that play out across Minnesota, from the pipeline routes in the north to the industrial corridors of the Twin Cities.

The prosecutor will present a simple narrative of a criminal trespasser. My job is to tell the whole story—to explain the context, the lack of clear boundaries, and your true intentions to show that your actions do not warrant a criminal conviction.

The Environmental Protest Near a Pipeline

You are passionate about environmental issues and join a peaceful protest near a pipeline construction site somewhere in northern Minnesota. You believe you are on public land or an easement, but the boundaries are unclear. Company security or law enforcement declare the area a “critical facility” and order everyone to leave. In the confusion, you are arrested and charged, becoming a pawn in a larger political and corporate battle. They see a criminal; I see a citizen exercising their rights.

The Urban Explorer in a Minneapolis Railroad Yard

You have a hobby of photography or are an urban explorer fascinated by industrial landscapes. You wander into a sprawling railroad yard in Minneapolis or St. Paul, seeing no fences or clear signs in the area you entered. You are simply trying to get a unique photo of the city skyline. A railroad employee detains you, and because the company has a zero-tolerance policy, you are charged with a gross misdemeanor. They see a threat; I see a hobbyist who crossed an invisible, unmarked line.

The Misunderstanding at a Bloomington Airport Perimeter

You are an aviation enthusiast or are trying to find a good spot to watch planes take off and land near the Minneapolis-St. Paul International Airport in Bloomington. You park your car and walk along what appears to be a public access road. You cross onto property that is technically part of the airport’s “critical public service facility” without realizing it. Airport police detain and charge you, even though your intentions were completely innocent.

The Homeless Person Seeking Shelter Near a St. Paul Utility

You are experiencing homelessness and are looking for a safe, secluded place to rest for the night. You find a spot behind a fenced area that houses a utility substation in St. Paul. You are not trying to cause harm; you are simply trying to survive. An employee discovers you and, following company policy, has you arrested for trespassing on a critical facility. The system sees a criminal trespasser; I see a human being in a desperate situation that does not warrant a gross misdemeanor conviction.

Legal Defenses That Might Work Against Your Critical Facility Trespass Charge

When you are charged with a crime, especially one that carries a political charge, it can feel like the entire system is against you. The government and the corporations they protect have vast resources. But you have the Constitution and the right to a formidable defense. My entire approach is centered on challenging the state’s evidence and narrative at every step. I will conduct my own investigation, scrutinize the police reports, and find the weaknesses in the prosecution’s case. An arrest is not a conviction, and there are powerful defenses we can raise.

Building your defense requires an aggressive and creative strategy tailored to the unique facts of your case. We won’t rely on a single argument. We will construct a multi-pronged defense designed to create reasonable doubt and expose the flaws in the state’s allegations. Whether it’s proving the “No Trespassing” signs were legally inadequate, that you had a right to be there, or that the property wasn’t even a “critical facility,” our goal is to achieve a complete dismissal or a not-guilty verdict.

The Property Was Not Properly Posted

The statute has very strict requirements for what constitutes a “posted” property. It is not enough for the company to put up a few signs. If the prosecution is proceeding on the theory that you trespassed on posted property, we can launch a powerful defense by showing the posting was legally deficient.

Insufficient Signage: We will investigate the property ourselves. Were the signs posted at intervals of 500 feet or less, as required by law? Were the letters at least two inches high? Did the signs clearly state that trespassing was prohibited by Minnesota law? We will document every missing or defective sign to show the posting was invalid.
Not Conspicuous: A sign that is hidden behind overgrown trees, covered in graffiti, or placed where no reasonable person would see it is not “conspicuous.” We can use photographs and site diagrams to argue that you had no way of knowing you were entering a restricted area, invalidating a key element of the state’s case.

You Had a “Claim of Right” to Be There

The state must prove you were on the property “without claim of right.” This is a crucial element we can attack directly. A claim of right means you had a legitimate, good-faith reason to believe you were allowed to be there.

Implied Consent: Has the public historically been allowed to access that area for recreation, hunting, or as a simple shortcut? We can gather evidence of past public use to argue that there was an “implied consent” for you to be there, which the company had not clearly revoked.
Ambiguous Boundaries: On large, sprawling properties like pipelines or railroad land, the exact boundaries are often unmarked and unclear. We can argue that you genuinely and reasonably believed you were on public land or an adjacent property where you had a right to be.

You Were Not Ordered to Leave by an Authorized Person

If the charge is based on your refusal to leave, the state must prove the demand came from “one who has the right to give consent.” We can challenge the authority of the person who gave the order.

Questioning Authority: Was the person who told you to leave a legitimate employee or a designated agent of the facility? Or were they merely another citizen or a low-level contractor with no actual authority to give a legal order to depart? We will force the state to prove the person’s status and authority.
Unclear Demand: The demand to leave must be clear and unequivocal. In a chaotic or noisy environment like a protest, was the command actually communicated to you? We can argue that you never heard or understood the order to leave, meaning you could not have intentionally refused it.

The Location Does Not Qualify as a Critical Facility

The government cannot simply declare any piece of private property a “critical public service facility.” It must meet the specific, narrow definitions outlined in the statute. We will challenge the very classification of the property where you were arrested.

Outside the Scope: The statute is precise. It covers fenced-in yards, refineries, and pipelines, but explicitly excludes things like open railroad tracks extending beyond a yard or unenclosed property under power lines. We will analyze the exact location of your arrest to argue that it falls outside the legal definition of a critical facility, making the gross misdemeanor charge inapplicable.
Challenging the Definition: We can file legal motions arguing that the prosecutor is over-stretching the definition of a “utility” or “pipeline” to cover areas that the legislature never intended to be included. This legal challenge questions the very foundation of the state’s right to charge you with this enhanced crime.

Minnesota Critical Facility Trespass FAQs — What You Need to Know Now

Will I go to jail for a critical facility trespass charge?

Jail time is a real possibility. As a gross misdemeanor, the maximum penalty is 364 days in jail. However, for a first-time offense, a sentence of actual jail time is not automatic. A strong defense can often lead to alternatives like probation, community service, or a negotiation to a lesser charge. My primary objective is always to find a path that keeps you out of jail.

What’s the difference between this and a regular trespassing ticket?

A regular trespassing charge is typically a misdemeanor with a maximum of 90 days in jail and a $1,000 fine. By classifying trespass on these specific facilities as a gross misdemeanor, the legislature has quadrupled the potential jail time and tripled the potential fine. This charge also carries a much greater stigma and more severe collateral consequences due to its association with threats to public infrastructure.

Can the charge be dismissed?

Yes, dismissal is one of the best possible outcomes and is always my primary goal. A case can be dismissed if we can show the prosecutor they have insufficient evidence to prove their case, if the posting was legally inadequate, if the property doesn’t meet the legal definition of a critical facility, or if your constitutional rights were violated.

Do I need a lawyer for this charge in a city like Plymouth or Maple Grove?

Absolutely. Even if the incident seems minor, a gross misdemeanor conviction is a serious criminal record that can follow you for life. Prosecutors in every jurisdiction, including suburban cities like Plymouth and Maple Grove, are tasked with enforcing this law. A dedicated lawyer can navigate the local court system and fight for a resolution that protects your record.

Who has the authority to detain me at one of these facilities?

The statute gives designated employees of the facility the authority to detain a person they reasonably believe is violating the law. However, this authority is limited. They must promptly inform you of the reason for the detention, cannot use unreasonable force, and must call the police immediately. Any violation of these rules could be grounds for challenging the legality of your detention.

What if I was on the property as part of a protest? Are my First Amendment rights a defense?

While your right to free speech is fundamental, it does not give you an absolute right to protest on private property, especially property deemed a critical facility. However, the context of a protest is critical. It can help explain your intent—that you were there to express a political view, not to damage property or threaten public safety. This can be a powerful mitigating factor when negotiating with a prosecutor or presenting your case to a jury.

The signs were old and I could barely read them. Is that a defense?

Yes. This is a key part of the “improper posting” defense. The law requires signs to have letters at least two inches high and be posted in a “conspicuous place.” If signs are faded, vandalized, obscured by vegetation, or otherwise unreadable, we can argue that the property was not legally posted and that you had no notice you were in a restricted area.

I was told to leave by some guy in a pickup truck. How do I know he had authority?

You don’t, and that’s a central part of the defense. The burden is on the prosecution to prove that the person who gave the order had the legal authority to do so. If it was just an angry local resident or a contractor without designated authority, their “demand” has no legal weight, and your failure to comply would not be a criminal act under the statute.

How long does this charge stay on my record in Minnesota?

A conviction for a gross misdemeanor stays on your public criminal record forever unless you are able to get it expunged. Expungement is a separate, lengthy, and not-guaranteed legal process. This is why it is absolutely essential to fight the charge aggressively from the outset to prevent a conviction from ever happening.

What if the facility property line wasn’t marked at all?

This is a powerful defense. If there are no fences, no signs, and no clear demarcation between public land and the facility’s property, we can make a strong argument that you had no way of knowing you had trespassed. We would use maps, GPS data, and photographs to show the ambiguity of the property line and demonstrate that you did not have the criminal intent to trespass.

Can a private security guard arrest me?

Private security guards in Minnesota generally do not have arrest powers beyond that of a normal citizen. However, under this specific statute, a person “designated by a critical public service facility” can detain you until law enforcement arrives. There is a legal difference, and any overstepping of their limited authority can be challenged.

Does this charge apply to drone flights over a facility?

The statute primarily concerns a person who “enters or is found upon property.” Whether this applies to the airspace above the property is a complex and evolving area of law. A strong legal argument could be made that a drone flight does not constitute a physical entry onto the property as intended by the legislature.

I was arrested hours after I left the property. Is that legal?

Yes. The statute gives a peace officer specific authority to arrest you without a warrant if they have probable cause to believe you violated this section within the preceding four hours, even if they didn’t see the violation themselves. This is an unusual extension of arrest powers that highlights the seriousness with which the state treats this offense.

What if I was on an easement or right-of-way?

This is a “claim of right” defense. If you were on a public easement or a utility right-of-way that allows for public access, then you were not on the property without a right to be there. We would need to conduct a title search and review property records to prove the existence and scope of the easement.

Why is this a gross misdemeanor instead of a felony?

While a gross misdemeanor is serious, the legislature likely reserved felony penalties for acts of actual sabotage or damage to critical infrastructure, which are covered by different, more severe statutes. This law targets the act of unauthorized presence itself, using the threat of a gross misdemeanor conviction as a powerful deterrent.

What a Critical Facility Trespass Conviction Could Mean for the Rest of Your Life

The consequences of a conviction extend far beyond the sentence handed down by the judge. This specific charge acts as a red flag on your record, creating a series of hidden or “collateral” consequences that can restrict your freedom and opportunities for years. Prosecutors will not warn you about these long-term impacts, but they can be just as damaging as a jail sentence or a fine.

Your Career and Future Employment

A conviction for trespassing on a critical public service facility can be a career-killer. Many employers, particularly in government, transportation, energy, and unionized trades, will see this conviction as a sign that you are a security risk. You could be barred from jobs that require a security clearance, access to sensitive sites, or a clean background check. It can slam the door shut on apprenticeships, promotions, and entire career fields, permanently limiting your ability to earn a living.

Inclusion on Watch Lists and Enhanced Scrutiny

In today’s security-conscious world, a conviction related to “critical infrastructure” can land you on government watch lists. This can lead to enhanced scrutiny every time you travel, particularly by air. You could face secondary screenings, lengthy questioning, or even be denied boarding. This isn’t just an inconvenience; it’s a permanent status that infringes on your freedom of movement and brands you as a potential threat in the eyes of federal and state law enforcement agencies.

Loss of Professional Licenses

If you hold a professional license (as a pilot, a commercial driver, an engineer, etc.), this conviction could put it in jeopardy. Licensing boards have broad discretion to suspend or revoke licenses based on criminal convictions that they believe call your judgment or trustworthiness into question. A conviction for intentionally trespassing on a facility related to your profession could easily be seen as grounds for disciplinary action, potentially ending the career you’ve worked so hard to build.

Impact on Your Constitutional Rights

If your arrest occurred in the context of a protest, a conviction serves to chill your First Amendment right to free speech and assembly. The threat of a serious criminal record and jail time can deter you and others from participating in future demonstrations. Furthermore, the conviction can be used to impose probation conditions that explicitly forbid you from associating with certain groups or participating in any protest activity, effectively silencing your political voice under threat of being sent to jail.

Why You Need a Tough, Experienced Minnesota Attorney for a Critical Facility Trespass Charge

When you are fighting a charge that is backed by both the government and a powerful corporation, you cannot afford to go it alone. The prosecutor has one mission: to convict you and make a public statement. My mission is to protect you. This requires a defense attorney who is not intimidated by high-profile cases, who understands the technical and political nuances of this law, and who is willing to fight for you every step of the way.

Taking on the Corporation and the State

This is not a typical criminal case. You are not just fighting the county attorney; you are fighting the immense resources and political influence of a utility, pipeline, or railroad company. They will have teams of lawyers and security personnel working with the prosecutor to build the case against you. You need an advocate who is prepared to stand up to that pressure. I will challenge their evidence, question the credibility of their employees, and ensure that their corporate policies do not trample your constitutional rights. I am your shield against their power.

A Proactive Defense That Starts Immediately

The most crucial time in your defense is right now. We need to get to the scene of the alleged trespass to photograph the state of the signs and the ambiguity of the property lines before the company can fix them. We need to identify and interview witnesses while their memories are fresh. We need to file legal demands to preserve all evidence, including surveillance footage and employee records. A passive, wait-and-see approach is a recipe for disaster. I will take immediate, aggressive action to build your defense from the ground up.

Navigating the Politics of Minnesota’s Courts

A trespass charge in a rural northern Minnesota county where a pipeline is a major employer will be handled differently than one in the Hennepin County Government Center in Minneapolis. I have defended clients throughout Minnesota and understand these local dynamics. I know how to tailor a legal argument to the specific judge and prosecutor handling your case. This local knowledge and statewide experience is a critical advantage when fighting a charge that is often driven as much by local politics as it is by the facts.

A Strategy Built for Complete Victory

My goal is not damage control; it is total victory. For you, a win means a full dismissal of the charges or a not-guilty verdict at trial, leaving your record clean and your future intact. I prepare every case with the thoroughness and intensity required to win in front of a jury. This meticulous preparation often puts us in a position of strength, allowing us to negotiate a dismissal from a prosecutor who knows we are ready, willing, and able to fight and win at trial. Your freedom is not a bargaining chip; it is the only acceptable outcome.

Trespass on a Critical Public Service Facility in Minnesota