A Minnesota Defense Attorney Explains the High Stakes of a Conviction Under Statute § 609.712
You are in a situation that feels like a nightmare. The words alone—”weapon of mass destruction”—are terrifying, reserved for headlines and history books, not for a legal notice with your name on it. Yet here you are, facing one of the most serious criminal allegations in Minnesota law. Perhaps the charge stems from a misunderstanding, a foolish prank that went horribly wrong, or a situation where you were completely unaware of the nature of an object or substance in your possession. You could have made a threat in anger or jest, never imagining it would lead to felony charges, or been caught up in a complex scenario involving chemicals or materials you didn’t fully understand. The weight of this accusation is immense, and you are likely feeling overwhelmed, isolated, and frightened about what comes next.
It’s critical to breathe and understand that a charge is not a conviction. I know the fear and confusion you’re experiencing. For years, I have defended individuals across Minnesota facing the most serious and complex criminal charges, from the metropolitan hubs of Minneapolis and St. Paul to the communities of Rochester, Duluth, St. Cloud, and throughout the state. I have seen how these grave accusations can be built on circumstantial evidence, misinterpretation, or a client’s momentary lapse in judgment. My entire practice is dedicated to standing as a shield between people like you and the immense power of the prosecution. Your story matters, your rights are paramount, and you do not have to face this fight alone. Together, we will dissect the state’s case, challenge every piece of evidence, and build the powerful, strategic defense you need to protect your freedom and your future.
What a WMD Charge Actually Means in Minnesota
In Minnesota, a charge involving a weapon of mass destruction (WMD) is not always about nuclear bombs or military-grade weapons. The law is incredibly broad, encompassing a wide range of biological agents, toxic chemicals, and even devices that merely simulate a WMD. A person can face these felony charges for possessing certain substances without authorization, making threats, or creating a hoax device with the intent to cause fear. The prosecution doesn’t necessarily have to prove you planned a large-scale attack; in many cases, the core of the charge is your alleged intent to cause injury or to terrorize even a single person.
Facing a Minnesota WMD accusation could stem from various scenarios. It might involve the improper possession of dangerous chemicals found in a Maple Grove garage, a threatening email sent to a business in Bloomington, or a suspicious package left in a public space in downtown St. Paul that triggers a massive police response. The law covers not only real weapons but also “simulated” ones—fake devices designed to look real to create panic. Because the definitions are so technical and the potential penalties so severe, it is a charge that law enforcement and prosecutors take with the utmost seriousness from the very beginning.
Minnesota Law on WMDs — Straight from the Statute
The legal framework for your charge is laid out in Minnesota Statute § 609.712. This statute defines what constitutes a real or simulated weapon of mass destruction, lists prohibited substances, and outlines the various illegal acts, from possession to making threats. Understanding the precise language the state will use against you is the first and most critical step in building your defense.
Here is the relevant text from the statute:
609.712 REAL AND SIMULATED WEAPONS OF MASS DESTRUCTION.
Subdivision 1. Definitions. [This section defines terms like “biological agent,” “toxin,” “simulated weapon of mass destruction,” and “weapon of mass destruction.”]
Subd. 2. Weapons of mass destruction.
(a) Whoever manufactures, acquires, possesses, or makes readily accessible to another a weapon of mass destruction with the intent to cause injury to another is guilty of a crime and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both.
(b) It is an affirmative defense… if the defendant proves… the conduct engaged in: (1) was specifically authorized under state or federal law…; or (2) was part of a legitimate scientific or medical research project, or constituted legitimate medical treatment.
Subd. 3. Prohibited substances.
(a) Whoever knowingly manufactures, acquires, possesses, or makes readily accessible to another the following… in levels dangerous to human life, is guilty of a crime: [lists substances like smallpox, anthrax, sarin gas, radioactive materials, etc.]
(b) A person who violates this subdivision may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both.
Subd. 4. Simulated weapons of mass destruction; penalty.
Whoever manufactures, acquires, possesses, or makes readily accessible to another a simulated weapon of mass destruction with the intent of terrorizing another may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Subd. 5. Threats involving real or simulated weapons of mass destruction.
Whoever does the following with intent to terrorize another or cause evacuation of a place… may be sentenced to imprisonment for not more than ten years…: (1) displays a weapon of mass destruction or a simulated weapon of mass destruction; (2) threatens to use a weapon of mass destruction; or (3) communicates… that a weapon of mass destruction is or will be present…
Breaking Down the Legal Elements of a WMD Charge in Minnesota
To convict you, the prosecutor must prove every single element of the specific offense you’re charged with beyond a reasonable doubt. This high burden of proof is the cornerstone of your defense. We will attack the state’s case by showing they cannot meet this burden. The elements change depending on which part of the statute you are accused of violating.
- Possession of a Real WMD (Subd. 2): The prosecutor must prove you manufactured, acquired, or possessed what the law defines as a weapon of mass destruction. This includes not just the physical act but also proving the object meets the technical definition. Crucially, they must also prove you had the specific intent to cause injury to another person. Simply possessing a dangerous chemical without this malicious intent may not be enough for a conviction under this subdivision, opening a powerful avenue for your defense.
- Possession of a Simulated WMD (Subd. 4): For this charge, the state must prove you manufactured, acquired, or possessed a device that appears to be a WMD but is actually a fake. The most critical element here is your state of mind. The prosecutor has to prove, beyond a reasonable doubt, that you possessed this fake device with the specific intent of terrorizing another person. A hoax or prank without this specific intent to terrorize may not legally qualify, and this is often the weakest point in the prosecution’s case.
- Making a Threat (Subd. 5): If you are charged with making a threat, the prosecution must prove you displayed a real or fake WMD, threatened to use one, or communicated that one would be present or used. Again, your intent is paramount. They must establish that you did this with the intent to terrorize someone, cause an evacuation, or disrupt activities. In some cases, they can proceed if you acted with “reckless disregard” of that risk. We can fight this by arguing your words or actions were misinterpreted and you never had the required intent.
Penalties for a WMD Conviction in Minnesota Can Be Severe
A conviction under Minnesota Statute § 609.712 is a felony offense that carries some of the most severe penalties in the state’s criminal code. The consequences are life-altering, involving long prison sentences, massive fines, and a permanent felony record that will follow you forever. The exact penalty depends on the specific subdivision you are charged under, but no matter the details, the stakes are incredibly high and demand an aggressive, sophisticated legal defense.
Possession of a Real WMD or Prohibited Substance
If you are convicted of possessing a real weapon of mass destruction or a specifically listed prohibited substance (under Subd. 2 or 3), you face a sentence of up to 20 years in prison and/or a fine of up to $100,000. This is a high-level felony that reflects the extreme danger the law associates with these materials.
Possession of a Simulated WMD or Making a Threat
For convictions involving a simulated (fake) weapon of mass destruction or making a threat (under Subd. 4 or 5), the potential penalties are slightly less but still devastating. You face a sentence of up to 10 years in prison and/or a fine of up to $20,000. While the prison time is lower, it remains a serious felony conviction that will irrevocably change your life.
What a WMD Charge Looks Like in Real Life — Common Scenarios in Minnesota
These serious charges often arise from situations that spiral out of control, where a person’s actions are misinterpreted or the consequences of a bad decision are far greater than ever imagined. Here are some scenarios of how a person in Minnesota could find themselves facing an accusation under this statute.
The Hoax Threat at a Minneapolis High School
A teenager in Minneapolis, thinking it’s a funny prank, creates a fake email account and sends a message to their high school principal claiming a “poisonous gas” will be released during an assembly. The school is evacuated, a HAZMAT team is called in, and the FBI gets involved. Even though the threat was a complete fabrication, the student could be charged with making a threat involving a simulated WMD with the intent to cause an evacuation and terror, a felony carrying up to 10 years in prison.
The Disgruntled Employee in Rochester
An employee who was just fired from a biotech company in the Rochester area sends an angry text message to his former boss saying, “You’ll be sorry, I know what you keep in that lab and I have some too.” Because the lab works with biological agents, law enforcement interprets this as a threat to use a WMD. He is arrested and charged under Subdivision 5, facing a decade in prison for a threat made in a moment of extreme anger and poor judgment.
The Chemistry Hobbyist in a Plymouth Suburb
A chemistry enthusiast in a Plymouth suburb orders various chemicals online for his experiments. A neighbor sees the delivery of sealed containers and, fearing the worst, calls the police. A search reveals substances that, in certain combinations or quantities, could be considered dangerous. Even if he had no malicious intent, if the police and prosecutor believe he possessed these materials with an “intent to cause injury,” he could be charged with possession of a WMD under Subdivision 2.
The “Art Project” in a Duluth Warehouse
An artist creating a piece for a gallery in Duluth constructs a sculpture that looks like a futuristic bomb, complete with wires, a timer, and strange containers. They transport it to the gallery, and someone sees it in the back of their van and calls 911. Police charge the artist with possessing a simulated weapon of mass destruction. To win the case, the defense would have to prove the artist lacked the “intent to terrorize,” arguing it was a misunderstanding of their artistic expression.
Legal Defenses That Might Work Against Your WMD Charge
Facing a charge this serious feels daunting, but the prosecution carries a heavy burden. They must prove every technical element of their case against you, including your state of mind, beyond a reasonable doubt. An effective defense strategy is built by meticulously dissecting the state’s evidence and identifying every weakness, every assumption, and every violation of your rights. Your entire future is at stake, and you need a defense that is as aggressive and sophisticated as the charges you are up against.
My approach is to go on the offensive. We will not sit back and wait to see what the prosecutor does. We will launch our own investigation, challenge the evidence at every turn, and prepare to tell your side of the story. From questioning the legality of the police search to dismantling the prosecutor’s arguments about your intent, we will work tirelessly to protect your rights and fight for the best possible outcome, whether that is a dismissal, a reduction of charges, or a not-guilty verdict at trial.
Lack of Criminal Intent
This is often the most powerful defense. The state must prove you had a specific, malicious intent—either to injure or to terrorize. We can argue that your actions, while perhaps misguided, were not driven by criminal intent.
- It Was a Prank or Joke: We can present evidence that your actions were intended as a foolish joke, not a genuine effort to cause terror. This might include your communications with friends or your history, showing a pattern of pranks but no real malice.
- No Intent to Injure: For possession charges, we can argue you had the substance for a legitimate, non-violent reason (e.g., a hobby, a science project, or you were unaware of what it was) and never intended to harm anyone with it.
- Words Taken Out of Context: A threat made in anger or frustration is different from a calculated plan to terrorize. We can argue your words were hyperbole or were misinterpreted by the alleged victim and the police.
The “Simulated” Weapon Was Not a WMD
The definition of a simulated WMD requires that it appears to be a weapon of mass destruction by its “design, construction, content, or characteristics.” We can challenge whether the object in question actually meets this standard.
- Object is Ambiguous: We can argue that the object was too crude, amateurish, or ambiguous to be mistaken for a real W_MD_. For example, a collection of household items taped together might not reasonably appear to be a bomb to a rational person.
- No Representation Was Made: The statute mentions an object that is “represented to be” a W_MD_. If you never claimed the object was a bomb or dangerous device, it weakens the state’s argument that it was a simulated W_MD_.
Statutory Affirmative Defenses
Minnesota law provides specific, built-in defenses to these charges. If your conduct falls into one of these categories, it is a complete defense to the accusation.
- Authorized by Law: If your possession or use of a substance was specifically authorized under state or federal law (for example, you work for a company licensed to handle certain chemicals), this serves as a complete defense.
- Legitimate Research or Treatment: The statute exempts conduct that was part of a legitimate scientific or medical research project, or that constituted legitimate medical treatment. We can gather evidence and expert testimony to prove your actions fall under this protective umbrella.
Violation of Your Constitutional Rights
If the police overstepped their authority while investigating your case, we can file motions to have the evidence against you suppressed. If key evidence is thrown out, the prosecution’s case may collapse.
- Illegal Search and Seizure: Did the police have a valid search warrant to search your home, car, or computer? If they found evidence during an illegal search, it cannot be used against you in court.
- Miranda Rights Violation: If you were interrogated by police while in custody but were not read your Miranda rights, any confession or incriminating statements you made are inadmissible.
- Chain of Custody Errors: With chemical or biological evidence, the police must maintain a strict chain of custody. Any failure in this process can call the integrity of the evidence into question, making it unreliable.
Minnesota WMD Charge FAQs — What You Need to Know Now
Will I definitely go to jail if convicted of a WMD charge in Minnesota?
While a conviction carries a high likelihood of a lengthy prison sentence (up to 20 years for a real WMD and 10 for threats/simulated WMDs), it is not always mandatory. An experienced attorney can argue for a downward departure from the sentencing guidelines based on mitigating factors or negotiate for a plea to a less serious offense. However, given the severity, you must prepare for the possibility and fight to avoid a conviction at all costs.
Can a felony WMD charge be dismissed?
Yes, dismissal is the primary goal. A charge can be dismissed if your attorney can prove there is insufficient evidence, that the police violated your constitutional rights (e.g., through an illegal search), or by persuading the prosecutor that they cannot prove the crucial element of criminal intent beyond a reasonable doubt. Early and aggressive intervention is key to maximizing the chances of dismissal.
Do I really need a lawyer for a WMD charge in St. Paul?
Absolutely. This is one of the most serious felony charges in Minnesota law. The legal and scientific issues are incredibly complex, and the penalties are life-altering. You are facing prosecutors who specialize in serious crimes. Attempting to handle this in any Minnesota court, whether in St. Paul, Minneapolis, or a rural county, without a dedicated and knowledgeable defense attorney would be a catastrophic mistake.
How does a WMD charge stay on my record in Minnesota?
A felony conviction for a WMD-related offense will stay on your criminal record for the rest of your life. While Minnesota has an expungement process, getting a felony of this magnitude cleared is extremely difficult, if not impossible. This makes it all the more critical to fight the charge from the very beginning to prevent a conviction from ever happening.
What is the difference between a real and a simulated WMD?
A real WMD is a device or substance that has the actual capacity to cause widespread death or great bodily harm (e.g., anthrax, sarin gas). A simulated WMD is a fake—an inert object or substance that is designed to look like a real WMD to cause fear. The penalties for possessing a real WMD are more severe, but both are serious felonies.
What if I didn’t know the substance was dangerous?
Your knowledge is a key element. For possessing a prohibited substance under Subdivision 3, the state must prove you “knowingly” possessed it. If you were unaware of the nature of the substance—for instance, if you were asked to transport a sealed container for someone else and had no idea what was inside—it could be a powerful defense against the charge.
I made a stupid threat online. Is that really a felony?
Yes. Under Subdivision 5, communicating a threat that a WMD will be used, even if done online and even if you have no actual WMD, can be charged as a felony carrying up to 10 years in prison. The prosecutor will focus on whether your communication was made with the intent to terrorize or with reckless disregard for that risk. Context is everything in these cases.
What should I do if the FBI wants to talk to me?
You should politely decline to answer any questions and state clearly and immediately that you want to speak with an attorney. Do not say anything else. Federal and state investigators are highly skilled at eliciting incriminating statements. Anything you say can be used against you. Your only response should be to invoke your right to counsel.
Can the government sue me for money on top of the criminal charges?
Yes. Minnesota Statute § 609.712(6) specifically allows the state, a city, or a rescue organization to file a civil lawsuit against you to recover all the costs associated with their response to your actions. This can include the costs of evacuations, police overtime, and HAZMAT or bomb squad responses, which can easily amount to tens or even hundreds of thousands of dollars.
What if my actions were for scientific research?
The law provides a specific “affirmative defense” for conduct that was part of a legitimate scientific or medical research project. This means that if you can prove (by a preponderance of the evidence) that your possession of a substance was for legitimate research, you cannot be found guilty. This requires careful documentation and often expert testimony.
Does this law apply to things like pepper spray?
No. Commercially available, legal self-defense items like pepper spray do not fall under the definition of a weapon of mass destruction. The statute is aimed at military-grade chemical weapons or biological agents capable of causing mass harm, not common self-defense tools.
What if the “threat” was part of a movie script or a story I was writing?
This would be part of your defense against the element of intent. You would argue that you had no intent to terrorize; your intent was artistic or creative. You would use the context of your work—the script, the story, emails with collaborators—to prove to a jury that your words were part of a fictional project, not a real-world threat.
Can I be charged if I just shared someone else’s threat on social media?
This is a grey area and would depend on the specific facts. If you simply shared a news article about a threat, it’s unlikely you’d be charged. However, if you reposted a threat in a way that endorsed it or amplified it with your own commentary, a prosecutor might argue you were communicating the threat with an intent to terrorize, potentially exposing you to charges.
What is an “affirmative defense”?
An affirmative defense is a legal argument that, if proven by the defendant, will defeat the prosecution’s claim even if all the elements of the crime are met. In the WMD statute, proving your actions were for legitimate medical research is an affirmative defense. Unlike other defenses where we raise doubt, here the burden is on you to prove the defense is true.
Can a WMD charge impact my immigration status?
Yes, profoundly. A conviction for a WMD-related offense is considered a very serious crime, often an “aggravated felony” for immigration purposes. A conviction will almost certainly lead to deportation for non-citizens, including lawful permanent residents (green card holders), and will bar you from ever becoming a U.S. citizen.
What a WMD Conviction Could Mean for the Rest of Your Life
A felony conviction under this statute is a permanent stain that will fundamentally alter the course of your life. The consequences ripple out far beyond prison walls and court fines, closing doors and limiting your opportunities in ways that are difficult to comprehend until you experience them firsthand. It is a brand that is nearly impossible to remove.
A Permanent Felony Record and Devastated Career Prospects
With a WMD-related felony on your record, finding meaningful employment becomes a monumental challenge. Nearly every employer runs background checks, and a conviction of this nature is arguably the most alarming red flag a hiring manager could see. You will likely be barred from any job requiring a professional license (like medicine, law, or teaching), any government position, and most jobs in the private sector. It effectively destroys your career potential before it can even begin.
Lifelong Ban on Firearm Ownership
A felony conviction in Minnesota results in a lifetime ban on your right to possess a firearm or ammunition. You will be forced to surrender any firearms you own, and you will never be able to legally hunt with a gun, engage in sport shooting, or own a firearm for self-defense again. This is a constitutional right that you will permanently forfeit.
Loss of Housing, Education, and Civil Rights
Finding a place to live will become incredibly difficult. Landlords are hesitant to rent to individuals with any felony record, let alone one as serious as this. You will also lose certain civil rights, including the right to vote while you are incarcerated or on probation. If you are a student, you will likely be expelled, and future applications to colleges or universities will almost certainly be rejected.
Severe Immigration Consequences
For any non-U.S. citizen, a conviction for a WMD-related offense is a virtual guarantee of deportation. This area of law is considered a crime of utmost seriousness in the eyes of immigration authorities. Even if you have lived in the United States for decades and have deep family and community ties, a conviction will trigger removal proceedings, permanently separating you from your life in this country.
Why You Need a Tough, Experienced Minnesota WMD Attorney
When the state accuses you of a crime this grave, you are in the fight of your life. You are up against a system with nearly limitless resources, including seasoned prosecutors, police departments, and forensic labs. To have any chance of protecting your future, you must counter their power with sophisticated, relentless, and strategic legal advocacy. You cannot do this alone. Hiring a dedicated private defense attorney is the single most important decision you will make.
Deep Knowledge of Complex Cases
Defending against a WMD charge requires more than just a general understanding of criminal law. It demands an ability to handle complex scientific and technical evidence, to challenge the testimony of forensic experts, and to craft nuanced legal arguments about statutory definitions and a defendant’s state of mind. I have the experience required to handle these high-stakes, complex cases. I will dig into the technical details, consult with our own experts if necessary, and build a defense that is as intelligent and formidable as the prosecution’s case.
A Proactive Strategy from Day One
The worst thing you can do is wait. The state is building its case against you right now. We must act even faster. From the moment you hire me, I will begin our own investigation. I will work to prevent formal charges from being filed, file motions to preserve all evidence, and interview key witnesses. I will control the narrative, not the prosecutor. This proactive, aggressive approach puts us in the best possible position to challenge the state’s case and fight for a dismissal before the case ever gets close to a jury.
Understanding the Minnesota Legal Landscape
I have defended clients in courtrooms across Minnesota, from Hennepin and Ramsey counties to the greater Minnesota areas of Duluth, Rochester, and St. Cloud. I know the local court procedures, I know the prosecutors, and I know the judges. This firsthand experience is invaluable. It allows me to tailor your defense strategy to the specific legal environment you are in, avoiding common pitfalls and leveraging local knowledge to your advantage. This is a level of insight that can only be gained through years of fighting for clients in these very courthouses.
A Personal Commitment to Your Freedom
When you are facing a decade or two in prison, you deserve an attorney who treats your case with the urgency and focus it demands. As a solo practitioner, your case is my case. You will not be passed off to a junior associate or a paralegal. I will be the one standing next to you in court, answering your panicked phone calls, and guiding you through every step of this terrifying process. Your freedom is my singular mission, and I will bring all of my skill, energy, and resources to bear in defending it.