Minnesota Defense Attorney Breaks Down Statute § 609.735 and Your Options
You’re standing there, trying to process the citation or the arrest report. The charge reads “Concealing Identity,” and it feels absurd. Maybe you were at a protest in downtown Minneapolis, wearing a mask to protect yourself from surveillance or irritants. Perhaps you were just bundled up against a brutal Duluth winter wind, your face covered by a scarf and hat. You could have been part of a performance art piece in a St. Paul park or simply wearing a face covering for health reasons long after any mandates expired. You weren’t trying to be a criminal; you were just living your life. But now, the state of Minnesota says you broke the law.
The situation you’re in is more serious than it sounds. A charge under Minnesota Statute § 609.735 is a misdemeanor, a criminal offense that will follow you if you are convicted. You’re likely worried, confused, and maybe even a little angry about how this happened. You’re thinking about the potential for a criminal record, fines, and the sheer embarrassment of it all. How could something so simple lead to this? These are valid concerns, and the uncertainty of facing the criminal justice system is overwhelming.
You do not have to go through this alone. I am a criminal defense attorney, and I have dedicated my career to defending people just like you across the entire state of Minnesota. From the courtrooms of Hennepin and Ramsey County to the local systems in Rochester, St. Cloud, and beyond, I have stood beside my clients and fought charges that were unfair, unjust, or based on a simple misunderstanding. This charge is beatable, but it requires a strategic, aggressive defense. Your reputation and your future are on the line. Let’s start fighting back, together.
Unmasking Minnesota’s Concealing Identity Law
So, what does it actually mean to be charged with “Concealing Identity” in Minnesota? The charge isn’t about simply wearing a hat or sunglasses. It’s about the specific act of hiding who you are in a public space using a disguise. The law is designed to prevent people from concealing their identities to commit other crimes or to evade capture. However, its broad language often ensnares individuals who have no criminal intent whatsoever. A “Minnesota concealing identity charge” hinges on the idea that you deliberately used an item—a mask, a robe, or another form of disguise—to hide yourself from public recognition.
The core of the issue is often the context. The law explicitly carves out exceptions for religious garments, entertainment (like a Halloween costume), protection from the weather, or medical needs. But who decides if your mask was for a protest or for “entertainment”? Who determines if your scarf was for the cold or a “disguise”? This is where the prosecution will try to build its case, and it’s where I focus on tearing it down. When you are facing a concealing identity accusation, the government must prove you had no legitimate reason for covering your face. My job is to show them exactly why you did.
Minnesota Law on Concealing Identity — Straight from the Statute
When you’re charged with a crime, the first step is to understand the exact law the state is using against you. In this case, it’s Minnesota Statute § 609.735. The law itself is short, but its interpretation is everything. It’s crucial to see the precise language that will be used in court.
Here is the full text of the statute:
609.735 CONCEALING IDENTITY.
A person whose identity is concealed by the person in a public place by means of a robe, mask, or other disguise, unless based on religious beliefs, or incidental to amusement, entertainment, protection from weather, or medical treatment, is guilty of a misdemeanor.
Breaking Down the Legal Elements of Concealing Identity in Minnesota
For the prosecutor to secure a conviction against you, they can’t just point a finger and say you looked suspicious. They have a legal burden to prove every single part—or “element”—of the crime beyond a reasonable doubt. If we can show that even one of these elements is missing, the state’s case falls apart.
- Act of ConcealmentYou must have actively taken a step to hide your identity. This means more than just having your face partially obscured by chance. The prosecution needs to prove that you consciously used an item for the purpose of being unrecognizable. For example, pulling a ski mask down over your face in a public square is a clear act. However, simply wearing a hoodie that casts a shadow over your face or a medical mask that you wear daily may not meet this element. We would challenge the evidence and ask: What was the specific action that constituted “concealment”? Was it deliberate, or was it incidental to what you were wearing for other, legitimate reasons?
- In a Public PlaceThe alleged offense must have occurred in a location accessible to the public. This includes parks, sidewalks, government buildings, public transit, and even private businesses open to the public, like a store in Bloomington’s Mall of America or a coffee shop in Maple Grove. However, it does not apply to your private home, your backyard, or other private property not open to the general public. We must scrutinize the exact location of the incident. If you were on private property where you had a right to be, the charge may not be legally valid. The definition of a “public place” can be a critical point of contention in your defense.
- By Means of a DisguiseThis element requires the state to prove you used a “robe, mask, or other disguise.” This language is intentionally broad but also gives us room to argue. While a Halloween mask clearly fits, what about a religious covering, a protective face shield, or the combination of a hat, sunglasses, and scarf on a cold Plymouth day? The object itself is not illegal. The state must prove it was used as a disguise. We can argue that the item had a primary, legal purpose that falls under one of the statute’s exceptions, such as weather protection, religious observance, or even free expression during a protest.
Penalties for a Concealing Identity Conviction in Minnesota Can Be Severe
Don’t let the word “misdemeanor” fool you. A conviction for Concealing Identity is a permanent mark on your criminal record and carries penalties that can disrupt your life. Minnesota law takes any criminal offense seriously, and a judge has the discretion to impose significant consequences. Understanding the maximum penalties is the first step in recognizing why a strong defense is not just an option—it’s a necessity.
Misdemeanor Penalties
As a misdemeanor offense, a conviction under Minnesota Statute § 609.735 carries a maximum penalty of up to 90 days in jail, a fine of up to $1,000, or both. While a judge might not impose the maximum sentence, especially for a first offense, the possibility of jail time is real. More commonly, a court may sentence you to probation, which can last for up to a year and come with strict conditions you must follow, such as regular check-ins, avoiding further legal trouble, and paying your fine. The “penalties for concealing identity in Minnesota” are more than just a slap on the wrist; they are a legal burden.
What Concealing Identity Looks Like in Real Life — Common Scenarios in Minnesota
This charge can arise from a wide range of situations, many of which may seem completely innocent to you. The line between exercising your rights or just going about your day and being charged with a crime can be dangerously thin. Police and prosecutors can misinterpret your actions, leading to unfair charges.
Here are a few scenarios where you could find yourself facing a concealing identity charge in Minnesota:
The Political Protestor in Minneapolis
You’re at a protest at the Hennepin County Government Center. To protect your identity from being recorded by counter-protestors or law enforcement and to shield yourself from potential tear gas, you are wearing a dark bandana over your face, a hat, and sunglasses. Police declare the assembly unlawful and begin making arrests. They single you out and, in addition to other possible charges, they charge you with Concealing Identity, claiming your face covering was a disguise used to commit a crime or cause fear.
The Misunderstood Shopper in Eagan
You live with a health condition that makes you particularly vulnerable to airborne illnesses. Long after public mask mandates have ended, you continue to wear a high-quality N95 mask whenever you go shopping. While at a large retail store in Eagan, a loss prevention officer sees you also wearing a deep-hooded sweatshirt and sunglasses and finds your appearance suspicious. They call the police, who stop you and, based on the store’s report, issue you a citation for Concealing Identity, believing your medical gear was a disguise.
The Halloween Prank in a St. Cloud Suburb
It’s a few days after Halloween, and you and your friends decide to wear your creepy masks one more time to make a funny social media video at a local park. A neighbor sees you, gets scared, and calls the police. When the officers arrive, they aren’t amused. Even though you argue it was for entertainment, they charge you with Concealing Identity because it wasn’t Halloween night, and your actions were perceived as causing public alarm rather than being harmless fun.
The Bundled-Up Fan in Duluth
You’re walking to a UMD Bulldogs hockey game in the dead of January. The wind is whipping, and the temperature is well below zero. You are wearing a heavy coat, a thick scarf wrapped around your face and neck, a winter hat pulled down low, and ski goggles to protect your eyes from the wind. An officer on patrol sees you near the arena and stops you, deeming your level of face-covering excessive and suspicious. You are shocked when you are cited for Concealing Identity, even though your only intent was staying warm.
Legal Defenses That Might Work Against Your Concealing Identity Charge
When you are charged with a crime, it can feel like you are already presumed guilty. That is not how our system works. You are innocent until proven guilty, and the burden is entirely on the government to make its case. My approach is to proactively attack that case, expose its weaknesses, and build a powerful defense designed to protect your rights and your future. There are numerous ways to fight a concealing identity charge, and the right strategy will depend on the unique facts of your situation.
We will not sit back and wait for the prosecution to dictate the terms. We will investigate the stop, challenge the evidence, and assert your constitutional rights. Many people charged with this offense had a perfectly legal and valid reason for their appearance, and my job is to make that crystal clear to the prosecutor and the judge. A charge is not a conviction, and you have options.
Your Conduct Was Protected by a Statutory Exception
The law itself provides your first line of defense. The statute explicitly states that concealing your identity is not a crime if it’s for religious beliefs, entertainment, weather protection, or medical treatment. We will build a case around proving your specific exception.
- Religious Observance: If you were wearing a hijab, niqab, turban, or any other garment as a sincere expression of your religious faith, the charge is invalid. Your constitutional right to freedom of religion protects you, and the statute acknowledges this.
- Amusement or Entertainment: If you were in costume for a party, a convention (like a comic con), a theatrical performance, or even a holiday like Halloween, your actions fall under this exception. We can use receipts, photos, and witness testimony to prove the context.
- Protection from Weather: Minnesota’s climate is no joke. We can use weather reports and common sense to argue that your scarf, hat, goggles, or mask was necessary protection against extreme cold, wind, snow, or even sun.
- Medical Treatment: Whether you are immunocompromised, protecting a recent facial injury, or have another documented health reason for covering your face, this is a powerful defense. We can use doctor’s notes or medical records to validate your need for a face covering.
You Were Not in a “Public Place”
The statute only applies to actions in a “public place.” The definition of this term can be surprisingly complex. If the incident occurred on your own private property or on someone else’s private property where you were an invited guest, the state cannot charge you with this crime.
- Private Residence: If you were in your home, apartment, or even your front yard (depending on the circumstances), you have a heightened expectation of privacy.
- Private Gathering: If you were at a private party or event, even if it was held at a venue that is sometimes open to the public, we can argue that it was not a “public place” at the time of the alleged offense.
- Ambiguous Location: Sometimes, the line is blurry. Was the apartment building’s hallway a public place? What about the parking lot of your workplace? We will scrutinize the details to see if the location falls outside the statute’s reach.
The Item Was Not a “Disguise”
The state must prove that you used an item as a “disguise” with the intent to conceal your identity. We can argue that the item’s primary purpose was something else entirely and that any concealment was merely an incidental effect.
- Fashion or Style: Your clothing choices are a form of personal expression. A stylish hat, a high-collared jacket, or large sunglasses are fashion accessories, not necessarily components of a disguise.
- Everyday Items: Many people wear hoodies, hats, and face coverings as part of their daily routine. We can argue that your appearance was not unusual or intended to be deceptive.
- Lack of Concealing Intent: We can challenge the prosecutor to prove what you were thinking. Without evidence that you intended to hide who you were for some nefarious purpose, the charge is weak. Your intent is a central issue.
Your Constitutional Rights Were Violated
The U.S. and Minnesota Constitutions provide powerful protections. If the police violated your rights at any point, we can file a motion to have the evidence suppressed or the case dismissed entirely.
- Freedom of Speech and Assembly: If you were wearing a mask as part of a political protest, your actions are intertwined with your First Amendment rights. While this right isn’t absolute, we can argue that punishing you for wearing a mask in this context has a chilling effect on free speech.
- Unlawful Stop or Search: The police cannot stop you simply because they don’t like your appearance. They must have a “reasonable, articulable suspicion” that you are involved in criminal activity. If we can show the stop was based on a hunch or a profile, any evidence they gathered after that point could be thrown out.
Minnesota Concealing Identity FAQs — What You Need to Know Now
Will I go to jail for Concealing Identity in Minnesota?
While a jail sentence of up to 90 days is legally possible for this misdemeanor, it is not the most common outcome, especially for a first-time offense. However, a judge has the final say. A strong legal defense focused on dismissal or a favorable negotiation is the best way to avoid the risk of jail time.
Can a Concealing Identity charge be dismissed?
Yes, absolutely. A dismissal is often the primary goal. This can be achieved by showing the prosecutor that they have a weak case, by proving one of the statutory exceptions applies, or by successfully arguing that your constitutional rights were violated. Early intervention by an attorney can significantly increase the chances of getting your case dismissed before it ever gets to a trial.
Do I need a lawyer for a misdemeanor charge in St. Paul?
Yes. Any criminal charge, including a misdemeanor, can have lasting consequences. A conviction in St. Paul or anywhere else in Ramsey County will appear on background checks. An experienced lawyer can navigate the specific procedures of the Ramsey County court system, negotiate with the city or county attorney on your behalf, and fight to protect your record.
How long does a Concealing Identity charge stay on my record in Minnesota?
If you are convicted, the misdemeanor will stay on your criminal record permanently unless you can get it expunged. The Minnesota expungement process can be long and is not guaranteed. The best strategy is to prevent the conviction in the first place.
Is wearing a mask for COVID-19 or health reasons still a valid defense?
Yes. The statute includes an exception for “medical treatment.” If you are wearing a mask to protect yourself or others for documented health reasons, this is a strong defense. We can present evidence of your health concerns to argue that your actions were medically necessary, not a criminal act.
What if I was wearing a mask at a protest in Minneapolis?
This is a complex issue where criminal law and constitutional rights intersect. While protesting is a protected right, the state may argue that wearing a mask was intended to intimidate or commit other offenses. A defense in this scenario would focus on your First Amendment right to anonymous speech and assembly, especially if you feared reprisal for your political views.
The police said I looked suspicious. Is that enough to charge me?
No. “Looking suspicious” is not a crime. Police need “reasonable articulable suspicion” to stop you and “probable cause” to arrest or charge you. If you were stopped simply because of your clothing, we can challenge the legality of the entire interaction.
What’s the difference between this and wearing a mask during a burglary?
If you conceal your identity while committing another crime (like burglary, robbery, or assault), you will be charged with that more serious offense. The “Concealing Identity” statute is typically used as a standalone charge when the only alleged crime is the act of wearing the disguise itself in public.
Can I be charged if I was just joking around?
The “amusement or entertainment” exception should cover jokes or pranks. However, the police and prosecutor may not see it that way, especially if someone called 911 out of fear. We would need to build a case showing your intent was harmless entertainment.
I’m not a U.S. citizen. How will this charge affect my immigration status?
Any criminal conviction can create serious problems for non-citizens, potentially affecting visa applications, green card status, or naturalization. It is critical to fight the charge aggressively to avoid a conviction that could have devastating immigration consequences.
What if I just pay the fine?
Paying the fine is the same as pleading guilty. A conviction will be entered on your record. You give up your right to a trial and your right to challenge the evidence. Never plead guilty without first speaking to a defense attorney about your options.
I was charged in Rochester. Is the court process different there?
While state law is the same everywhere, each county, including Olmsted County, has its own prosecutors, judges, and local court rules. Having a lawyer who understands how to work with the specific players and procedures in the Rochester court system is a significant advantage.
Can the police seize my mask or clothing as evidence?
Yes, if they lawfully arrest you, they can seize the items they allege you used to conceal your identity as evidence in your case.
Does this law apply to minors?
Yes, the law applies to individuals of any age. However, if the person charged is a minor, the case would be handled in the juvenile justice system, which has different procedures and goals than the adult system.
What is the first thing I should do after being charged?
The very first thing you should do is contact a Minnesota criminal defense attorney. Do not discuss the case with the police or anyone else. Anything you say can be used against you. The sooner you have a lawyer on your side, the sooner we can start building your defense.
What a Concealing Identity Conviction Could Mean for the Rest of Your Life
A misdemeanor conviction is not a minor event. It creates a public record that can cast a long shadow over your life, creating obstacles you never anticipated. The consequences go far beyond the courtroom and can impact your financial stability, career, and basic opportunities.
Your Permanent Criminal Record
Once convicted, the charge of “Concealing Identity” becomes a permanent part of your public criminal history. In the digital age, this record is easily accessible to anyone who runs a background check. It doesn’t matter that it was “only a misdemeanor”; the record simply shows a criminal conviction, which can lead to immediate judgment and suspicion from others.
Trouble with Jobs and Background Checks
This is one of the most damaging consequences. Nearly all employers conduct background checks today. When a potential employer sees a criminal conviction—for any reason—it can be enough for them to pass you over for a more “clean” candidate. You may be required to disclose the conviction on job applications, forcing you to explain a confusing and embarrassing situation. It can limit your career advancement and lock you out of certain industries entirely.
Issues with Professional Licenses
If you work in a field that requires a state license, such as nursing, teaching, real estate, or commercial driving, a criminal conviction can be devastating. Licensing boards have character and fitness standards, and a conviction could trigger a review of your license, prevent you from obtaining one, or lead to disciplinary action. You could put the career you’ve worked so hard to build in serious jeopardy.
Impact on Housing and Education Opportunities
Landlords routinely run background checks on prospective tenants. A criminal record, even for a misdemeanor, can be grounds for denying your rental application, making it harder to find a safe place to live. Similarly, some college and university applications ask about criminal history, and a conviction could complicate your educational goals or your ability to secure student housing and loans.
Why You Need a Tough, Experienced Minnesota Concealing Identity Attorney
When the state has charged you with a crime, you cannot afford to be passive. The prosecutor has the full resources of the government on their side. You need a dedicated advocate in your corner who is ready to fight for you. You need a private attorney whose only focus is achieving the best possible result for your case.
A Private Lawyer’s Undivided Attention
Unlike overworked public defenders who are often juggling hundreds of cases at once, I limit my caseload so I can give you and your case the personal attention you deserve. When you call, you speak to me. I will be the one standing next to you in court. I will be the one negotiating with the prosecutor. This direct, one-on-one relationship ensures that your story is heard, your questions are answered, and your defense is meticulously crafted. We are a team, and I am personally invested in clearing your name.
Acting Fast Can Mean a Better Outcome
The time between being charged and your first court appearance is a critical window. The sooner I can get involved, the more opportunities we have to control the narrative. I can reach out to the prosecutor immediately, present our side of the story, and point out the weaknesses in their case—sometimes convincing them to drop the charges before they ever gain momentum. Fast action can prevent a minor misunderstanding from escalating into a major legal battle. Don’t wait for the system to decide your fate; let’s start shaping your defense right now.
Navigating the Courts in Hennepin, Ramsey, and Beyond
Minnesota’s justice system is not one-size-fits-all. The way a case is handled in downtown Minneapolis is different from how it’s handled in St. Cloud, Plymouth, or greater Minnesota. I have defended clients in courtrooms across the state. I know the local rules, I know the prosecutors, and I know the judges. This statewide experience allows me to tailor your defense to the specific environment you’re facing, giving you a crucial home-field advantage no matter where you were charged.
My Goal: A Dismissal, Not a Deal
My primary objective in every concealing identity case is to get the charges dismissed outright. I am not interested in quickly pleading you guilty to a lesser offense just to close the case. I prepare every case as if it is going to trial. By meticulously investigating the facts, filing aggressive pre-trial motions, and challenging every piece of the state’s evidence, I put you in the strongest possible position. Whether through a strategic negotiation that leads to a dismissal or a hard-fought victory in the courtroom, my focus is always on achieving the best result: a clean record and a clear future for you.