Charged Under Minnesota Statute § 609.746? A Minnesota Criminal Defense Attorney Explains Your Rights and Options
The moment you were charged with Interference with Privacy, your world tilted on its axis. A single accusation—often born from a misunderstanding, a moment of poor judgment, or a situation taken completely out of context—has put your reputation, your freedom, and your future on the line. You’re likely feeling a mix of fear, confusion, and frustration. You didn’t ask for this. You didn’t plan to be here, searching for answers about Minnesota’s complex privacy laws, wondering what comes next. The formal, intimidating language of the law feels alien, and the thought of facing a prosecutor and a judge alone is terrifying. You are not just a case number; you are a person whose life has been thrown into chaos.
Right now, you need more than just information; you need a strategy. You need someone who understands not only the letter of the law but also how these cases are actually prosecuted in courtrooms across Minnesota. Whether your case is in Minneapolis, St. Paul, Rochester, Duluth, or any other community in Hennepin County, Ramsey County, Olmsted County, or St. Louis County, the core challenge remains the same: protecting your rights against a system that is built to secure convictions. You are right to be concerned about the penalties—jail time, hefty fines, and a permanent criminal record that can follow you for the rest of your life. But a charge is not a conviction. You do not have to face this alone. I have stood beside people just like you, from the Twin Cities suburbs of Eagan and Bloomington to St. Cloud and beyond, and helped them navigate this difficult process and fight for the best possible outcome.
What “Interference with Privacy” Actually Means in Minnesota
An Interference with Privacy charge in Minnesota, often referred to as a “peeping tom” law, is far broader than most people realize. It’s not just about looking into someone’s window. These charges address the act of intruding upon someone’s reasonable expectation of privacy, often with the intent to view them in a private state or capture images without their consent. The law is designed to punish the act of surreptitious, or secret, observation. A Minnesota Interference with Privacy charge can arise from a wide array of situations, from accusations of using a phone to record someone in a changing room to setting up a camera on private property.
The core of this offense is the violation of a person’s private space. The prosecutor doesn’t necessarily have to prove you saw anything explicit, only that you entered someone’s property and gazed into their home, or used a device to observe them in a place where they should feel secure—like a home, a hotel room, or even a tanning booth. If you’re facing a Minnesota Interference with Privacy accusation, the prosecutor will focus heavily on your alleged intent. They will try to prove you acted secretly with the specific purpose of interfering with someone’s privacy. Understanding this is the first step in building a powerful defense against the charges you face.
Minnesota Law on Interference with Privacy — Straight from the Statute
The legal foundation for your charge is Minnesota Statute § 609.746. This is the exact law the state will use to try and convict you. Reading the statute itself can be confusing, but it’s crucial to see the precise language that defines the offense and its different variations.
Here is the relevant text from the law:
609.746 INTERFERENCE WITH PRIVACY.
Subdivision 1.Surreptitious intrusion; observation device.
(a) A person is guilty of a gross misdemeanor who: (1) enters upon another’s property; (2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house or place of dwelling of another; and (3) does so with intent to intrude upon or interfere with the privacy of a member of the household.
(b) A person is guilty of a gross misdemeanor who: (1) enters upon another’s property; (2) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or any other aperture of a house or place of dwelling of another; and (3) does so with intent to intrude upon or interfere with the privacy of a member of the household.
(c) A person is guilty of a gross misdemeanor who: (1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping room in a hotel…a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts…and (2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(e) A person is guilty of a gross misdemeanor who: (1) uses any device for photographing, recording, or broadcasting an image of an individual in a…bathroom; a locker room; a changing room…or any place where a reasonable person would have an expectation of privacy; and (2) does so with the intent to photograph, record, or broadcast an image of the individual’s intimate parts…without the consent of the individual.
(f) A person is guilty of a misdemeanor who: (1) surreptitiously installs or uses any device for observing, photographing, recording, or broadcasting an image of an individual’s intimate parts… (2) observes, photographs, or records the image under or around the individual’s clothing; and (3) does so with intent to intrude upon or interfere with the privacy of the individual.
(g) A person is guilty of a felony…if the person: (1) violates paragraph (a), (b), (c), (d), or (e) after a previous conviction under this subdivision or section 609.749; or (2) violates paragraph (a), (b), (c), (d), or (e) against a minor under the age of 18…
Breaking Down the Legal Elements of Interference with Privacy in Minnesota
For the state to convict you of Interference with Privacy, the prosecutor must prove several distinct elements beyond a reasonable doubt. Simply being accused is not enough. Each piece of the puzzle must fit perfectly. If I can show that even one element is missing or not provable, the state’s case against you falls apart. This is often where the battle for your freedom is won.
- The Act: You must have allegedly performed a specific action prohibited by the statute. This could be gazing or peeping into a dwelling, installing or using a device like a camera or microphone, or recording under someone’s clothing. The prosecutor needs to provide concrete evidence of this physical act. Was it a fleeting glance or a sustained act of observation? Was a device actually used, and can they prove you were the one who used it? The specifics of the alleged act are a critical battleground for your defense.
- The Location: The alleged act must have occurred in a specific type of location protected by the law. This includes being on another person’s property to look into a house, or in any place where a person has a “reasonable expectation of privacy.” This can be a home, hotel room, tanning booth, locker room, or bathroom. A key question is whether the alleged victim truly had a reasonable expectation of privacy in that specific place and at that specific time. An action in a public park is viewed very differently from an action in a private bedroom.
- Surreptitious Nature: The state must prove your alleged actions were “surreptitious,” meaning they were done in a secret, stealthy, or clandestine manner. If your actions were open and obvious, they may not meet this legal standard. This element is designed to separate accidental or innocent observations from deliberate, hidden intrusions. Were you trying to hide? Were you acting in a way that an ordinary person would find sneaky or covert? If not, the state’s case may be fundamentally flawed. This is a subjective element that can be strongly challenged.
- Intent: This is often the most important and most difficult element for the prosecution to prove. You must have acted with the specific intent to intrude upon or interfere with someone’s privacy. An accident is not a crime. Being in the wrong place at the wrong time is not a crime. The prosecutor must get inside your head and prove what you were thinking. Did you mean to violate someone’s privacy? Or was there another explanation for your actions? Without proof of this specific criminal intent, a conviction should not be possible.
Penalties for an Interference with Privacy Conviction in Minnesota Can Be Severe
Do not underestimate the consequences of an Interference with Privacy charge. The state of Minnesota takes these accusations very seriously, and a conviction can lead to life-altering penalties. The severity depends on the specific facts of your case, such as where the alleged act took place, whether a device was used, the age of the alleged victim, and your own criminal history. It’s not just a slap on the wrist; your freedom is genuinely at stake.
Misdemeanor Penalties
The least severe version of this crime, typically involving “upskirting” or recording under clothing without a prior offense, is a misdemeanor. Even so, a conviction carries serious consequences, including:
- Up to 90 days in jail
- A fine of up to $1,000
Gross Misdemeanor Penalties
Most Interference with Privacy offenses are charged as gross misdemeanors. This is a serious crime in Minnesota and applies to most “peeping tom” scenarios (gazing into a dwelling) and using a device to record in a private place. A gross misdemeanor conviction can result in:
- Up to 1 year in jail
- A fine of up to $3,000
Felony Penalties
Your charge can be elevated to a felony, the most serious level of crime, under certain circumstances. This can happen if you have a prior conviction for Interference with Privacy or if the alleged victim was a minor under 18. A felony conviction brings devastating penalties, including:
- Up to 2 years in prison (or more in specific circumstances involving minors and sexual intent)
- A fine of up to $5,000 or more
- Loss of civil rights, including the right to own a firearm
What Interference with Privacy Looks Like in Real Life — Common Scenarios in Minnesota
These charges don’t just happen in a vacuum; they arise from real-life situations that are often messy, complicated, and not as clear-cut as the police report makes them seem. You may see your own circumstances reflected in these common scenarios that play out across Minnesota, from the bustling neighborhoods of Minneapolis to the quiet towns surrounding St. Cloud.
Understanding how a simple action can be twisted into a criminal charge is key. Often, the accusation stems from a misunderstanding or a series of unfortunate coincidences. The prosecution will try to paint a simple, damning picture, but reality is almost always more complex.
The Misunderstanding at a Maple Grove Party
You’re at a crowded house party in a Maple Grove suburb. You step outside for some fresh air and walk around to the backyard. You glance towards the house and happen to see someone through a lit window. A moment later, you’re confronted by an angry host who accuses you of peeping. You weren’t trying to spy on anyone; you were just trying to get away from the noise. But now, you’re facing a gross misdemeanor charge based on someone else’s interpretation of your actions.
The Drone Over a Bloomington Backyard
You recently bought a drone and are learning to fly it in your Bloomington neighborhood. You lose sight of it for a moment, and it ends up hovering over a neighbor’s yard near their back deck. The neighbor, seeing the drone with its camera, calls the police. They claim you were using it to spy on them while they were sunbathing. You had no intent to invade their privacy, but under the law, using a device to observe someone on their property can lead to an Interference with Privacy charge.
The Argument That Led to a False Accusation in Duluth
You and your neighbor in a Duluth apartment complex have a history of disagreements. After a recent argument, your neighbor, seeking revenge, calls the police and falsely claims they saw you looking through their window the night before. There is no evidence, just their word against yours. But police often take such accusations at face value, and now you are the one who has to prove your innocence against a vindictive claim.
The Lost Phone in a St. Paul Gym Locker Room
You leave your phone on a bench in the locker room of a gym in St. Paul. When you realize it’s missing, you go back to find it. Someone else found it and, upon seeing your camera app was open, assumed you were secretly recording people. They turn the phone over to management, and the police are called. You weren’t recording anyone, but the circumstances look suspicious, and you find yourself charged with a serious crime based on circumstantial evidence.
Legal Defenses That Might Work Against Your Interference with Privacy Charge
When you are accused of a crime like Interference with Privacy, it can feel like the entire system is against you. The police and the prosecutor have a narrative, and they will push it hard. But their story is not the only one. There are powerful legal defenses that can be used to challenge the evidence, question the allegations, and protect your freedom. An accusation is not proof, and you have the right to fight back.
My approach is to meticulously deconstruct the state’s case against you, brick by brick. I examine every piece of evidence, every police report, and every witness statement for weaknesses, inconsistencies, and violations of your constitutional rights. From there, we build a defense strategy tailored to the specific facts of your case. Your situation is unique, and your defense should be too. The goal is always to achieve the best possible outcome, whether that is a complete dismissal, a reduction of the charges, or a not-guilty verdict at trial.
Lack of Criminal Intent
This is one of the most powerful defenses. The prosecutor must prove, beyond a reasonable doubt, that you acted with the specific intent to intrude on someone’s privacy.
- You were there by accident or for a legitimate reason: Perhaps you were a contractor inspecting a property, a guest who took a wrong turn at a party in Plymouth, or you were simply lost. If we can provide a credible, alternative reason for your presence or actions, it directly negates the element of criminal intent.
- Your actions were misinterpreted: A fleeting, innocent glance can easily be misinterpreted as a “peep” or “stare.” We can argue that your actions lacked the deliberate and focused intent required for a conviction. Your body language, the duration of the alleged observation, and the context all matter.
- There was no “surreptitious” behavior: The statute requires the act to be done secretly or stealthily. If you were in plain sight and not attempting to hide your presence, we can argue that your conduct does not meet the legal definition of the crime.
No Reasonable Expectation of Privacy
The law only protects individuals in locations where they have a reasonable expectation of privacy. This standard is not absolute and is open to legal challenges.
- The location was public or semi-public: If the alleged observation occurred in a place where people are generally visible to the public, such as a front yard visible from the street or through a window without curtains facing a public sidewalk, the alleged victim’s expectation of privacy may be diminished.
- The person was in plain view: A person can’t create a zone of privacy everywhere they go. If someone is standing in front of a large, uncovered window in a dense Minneapolis neighborhood, their expectation of privacy is lower than if they were in an interior bathroom with the door closed. We can challenge whether the legal standard was met.
Mistaken Identity or False Accusation
It is not uncommon for these charges to stem from a faulty identification or, in some cases, a deliberately false report made out of anger or revenge.
- The lighting was poor or the view was obstructed: The witness may have only caught a fleeting glimpse of someone in the dark or from a distance. We can challenge the reliability of their identification, especially if it was made under stressful conditions.
- The accuser has a motive to lie: In cases involving disputes between neighbors, acrimonious breakups, or other conflicts, the accuser may have a clear motive to fabricate a story. I will investigate the relationship between you and the accuser to uncover any evidence of bias or a reason to make a false report.
You Had Consent or Permission
In some scenarios, particularly those involving recording devices, the issue of consent can be a complete defense. The state must prove the act was done without permission.
- The person gave you explicit or implied consent: If the person knew they were being recorded and did not object, or if your actions were part of a consensual activity, the state cannot prove a key element of the crime. This is especially relevant in cases involving intimate partners.
- You were on the property legally: If you were invited onto the property as a guest or for a legitimate business purpose, it can be much harder for the prosecutor to prove you were there with the intent to secretly intrude on privacy. Your legal presence can counter the narrative that you were a trespasser.
Minnesota Interference with Privacy FAQs — What You Need to Know Now
Will I go to jail for an Interference with Privacy charge in Minnesota?
It’s a serious possibility. A misdemeanor carries up to 90 days, a gross misdemeanor up to a year, and a felony up to two years or more in prison. However, a charge is not a conviction. An aggressive defense can lead to reduced charges or even a dismissal, significantly lowering or eliminating the risk of incarceration. The outcome depends heavily on the facts of your case and the quality of your legal representation.
Can an Interference with Privacy charge be dismissed?
Yes. A dismissal is often the primary goal. I can seek a dismissal by challenging the evidence at a contested omnibus hearing, demonstrating that the prosecutor cannot prove all the elements of the crime, or showing that your constitutional rights were violated during the investigation. Early intervention and a proactive defense are critical to creating the opportunity for a dismissal.
Do I need a lawyer for a charge in Minneapolis or another Minnesota city?
Absolutely. This is not a charge to face alone. The consequences are too severe. A prosecutor in Hennepin County or Ramsey County is a trained professional whose job is to convict you. You need a dedicated advocate on your side who knows the local courts, the prosecutors, and the legal strategies that work. Trying to navigate this system by yourself is a significant risk.
How much does a criminal defense lawyer cost for this type of case?
The cost will vary depending on the complexity of your case—whether it’s a misdemeanor or felony, if it’s likely to go to trial, and the amount of investigation required. I offer a clear fee structure and will discuss all costs with you upfront. An investment in a strong private defense is an investment in your future, your freedom, and your reputation.
What if it was a misunderstanding?
Many Interference with Privacy charges start as misunderstandings. This is a core part of building your defense. My job is to gather the evidence and present your side of the story to the prosecutor and the court, showing that your actions lacked the criminal intent necessary for a conviction. A misunderstanding should not ruin your life.
What’s the difference between a gross misdemeanor and a felony?
A gross misdemeanor is punishable by up to one year in jail, while a felony is punishable by more than a year in prison. A felony conviction also results in the loss of civil rights, such as the right to own a firearm. An Interference with Privacy charge becomes a felony if you have a prior conviction for the same offense or if the alleged victim was under 18.
How long does an Interference with Privacy charge stay on my record in Minnesota?
A conviction for Interference with Privacy will stay on your criminal record permanently unless it is expunged. Expungement is a separate legal process that seals the record from public view. Eligibility depends on the level of the offense and other factors. Avoiding the conviction in the first place is always the best strategy for protecting your record.
What if the police want to question me?
You have the absolute right to remain silent and the right to an attorney. You should never speak to the police or investigators without a lawyer present. Politely tell them, “I am exercising my right to remain silent, and I want a lawyer.” Anything you say can and will be used against you, even if you believe you are innocent.
What if they found a camera or photos on my phone or computer?
This makes your situation more serious, but it is not an automatic conviction. We can challenge how that evidence was obtained. Did the police have a valid search warrant? Did they violate your Fourth Amendment rights? If the evidence was seized illegally, it may be suppressed, meaning the prosecutor cannot use it against you.
Can I be charged if I was on my own property?
Generally, the law requires that you enter another’s property to be charged with “peeping.” However, if you use a device (like a drone or a camera with a telephoto lens) from your property to intrude on the privacy of someone on their property, you could still be charged under a different subsection of the statute.
What if the accuser has a criminal history or a reason to lie?
This is critical information. As your attorney, I can investigate the accuser’s background for any history of false reports, criminal convictions related to dishonesty, or any known bias against you. Undermining the credibility of your accuser is a powerful defense tactic that can create reasonable doubt.
What happens at the first court appearance?
The first court appearance, or arraignment, is where you will formally be told the charges against you and will enter a plea (almost always “not guilty”). The judge will also set conditions of release, which might include posting bail or agreeing to have no contact with the alleged victim. It is vital to have an attorney with you at this first step.
What does “surreptitiously” mean in the statute?
It means secret, stealthy, or clandestine. The prosecutor has to prove you were trying to hide what you were doing. If you were acting openly, even if your actions were misinterpreted, it may not meet the legal definition. This is a key term that is often a point of contention in these cases.
Does this charge mean I have to register as a sex offender?
In most cases, a conviction for Interference with Privacy under Minnesota Statute § 609.746 does not require sex offender registration. However, depending on the specific facts and any accompanying charges, registration could become a risk. This is a critical question to discuss, as avoiding that consequence is a top priority.
What should I do right now?
The most important thing you can do is to stop talking about your case with anyone except a criminal defense attorney. Do not post about it on social media. Do not try to contact the accuser. Your first and only call should be to a lawyer who can immediately start protecting your rights and building your defense.
What an Interference with Privacy Conviction Could Mean for the Rest of Your Life
A conviction for Interference with Privacy extends far beyond the courtroom. The sentence handed down by the judge is only the beginning. The collateral consequences—the hidden penalties—can follow you for years, limiting your opportunities and permanently altering the course of your life. This isn’t just about jail time or a fine; it’s about your future.
A Permanent Criminal Record
A conviction, whether it’s a misdemeanor, gross misdemeanor, or felony, creates a public criminal record. Anyone with an internet connection—employers, landlords, banks, and even curious neighbors—can find it. This record carries a significant stigma. The very name of the offense, “Interference with Privacy,” suggests predatory behavior, regardless of the actual context of your case. This label can be incredibly damaging and difficult to overcome, defining you in the eyes of society for years to come.
Trouble Finding and Keeping a Job
Many employers conduct background checks as a standard part of the hiring process. A conviction for Interference with Privacy can be a red flag that disqualifies you from a wide range of jobs, especially those involving trust, working with vulnerable populations, or requiring professional licenses. You could lose out on career opportunities, be denied promotions, or even be terminated from your current job. The impact on your financial stability and professional growth can be devastating.
Loss of Housing and Educational Opportunities
Just like employers, landlords regularly run background checks on potential tenants. A criminal record for an offense like this can make it incredibly difficult to find safe, affordable housing. You may find your applications repeatedly denied. Similarly, if you are a student or plan to pursue higher education, a conviction could lead to suspension, expulsion, or the denial of your application, particularly for on-campus housing or certain degree programs.
Loss of Your Right to Own a Firearm
If you are convicted of a felony-level Interference with Privacy offense, you will lose your civil rights, including your right to possess a firearm, for the rest of your life in Minnesota. For many Minnesotans who value hunting, sport shooting, or the right to self-defense, this is a devastating and permanent consequence. Even a gross misdemeanor conviction can create complications and lead to the temporary loss of your firearm rights while on probation.
Why You Need a Tough, Experienced Minnesota Interference with Privacy Attorney
When the full weight of the state is bearing down on you, you cannot afford to go it alone. The prosecutor assigned to your case is not your friend or advisor; their job is to convict you. You need an advocate in your corner who is just as determined to protect your freedom as the state is to take it away. You need a defense attorney who will stand with you, fight for you, and guide you through every step of this intimidating process.
The Prosecutor Isn’t Your Friend — I Am Your Advocate
The prosecutor has the resources of the government at their disposal. They have police investigators, crime labs, and a legal team focused on one goal: securing a conviction. They may seem friendly and might even suggest that talking to them will “clear things up.” This is a trap. Their goal is to get you to say something they can use against you. My only goal is to defend you. I work for you, not the state. I will handle all communications with the police and the prosecutor, ensuring your rights are protected and that you never incriminate yourself. I am your shield and your sword in this fight.
Acting Fast Can Preserve Your Freedom and Reputation
The most critical time in a criminal case is the very beginning. The moment you are charged—or even learn you are under investigation—is the moment you need to act. By getting involved early, I can often influence the direction of the case before it gains momentum. I can preserve crucial evidence, interview witnesses while their memories are fresh, and identify weaknesses in the prosecution’s case from day one. In some instances, swift and aggressive intervention can convince a prosecutor to file less serious charges or to not file charges at all. Your reputation is on the line, and a proactive defense is the best way to protect it.
Navigating the Local Courts from Minneapolis to Rochester
Minnesota’s legal system is not one-size-fits-all. The way a case is handled in the Hennepin County Government Center in downtown Minneapolis is very different from how it might proceed in the Olmsted County courthouse in Rochester or the St. Louis County courthouse in Duluth. Each jurisdiction has its own set of prosecutors, judges, and unwritten rules. I have defended clients across the state, and I understand these local nuances. I know the key players and how to effectively present a defense in these specific courts, giving you a critical advantage.
Building a Defense Designed to Win
My approach is not to simply manage the damage; it is to fight for a win. A “win” can mean many things: a full dismissal of the charges, a not-guilty verdict after a jury trial, or a favorable plea agreement that keeps the offense off your record and protects your future. I will start by conducting a thorough investigation into every aspect of your case, looking for police misconduct, constitutional violations, and factual weaknesses. From there, I build a custom defense strategy aimed at achieving your specific goals. You are facing a serious threat, and you deserve a serious, strategic, and relentless defense.