reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.86 — Double Recovery Prohibited.

611A.86 DOUBLE RECOVERY PROHIBITED.
A person who recovers damages under sections 611A.80 to 611A.88 may not recover the same costs or damages under any other law. A person who recovers damages under any other law may not recover for the same costs or damages under sections 611A.80 to 611A.88.
History:
1994 c 624 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.87 — Award Of Costs.

611A.87 AWARD OF COSTS.
Upon motion of a prevailing party in an action under sections 611A.80 to 611A.88, the court may award costs, disbursements, and reasonable attorney fees and witness fees to the party.
History:
1994 c 624 s 8
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.88 — No Avoidance Of Liability.

611A.88 NO AVOIDANCE OF LIABILITY.
No person may avoid liability under sections 611A.80 to 611A.88 by means of any conveyance of any right, title, or interest in real property, or by any indemnification, hold harmless agreement, or similar agreement that purports to show consent of the plaintiff.
History:
1994 c 624 s 9
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.90 — Release Of Videotapes Of Child Abuse Victims.

611A.90 RELEASE OF VIDEOTAPES OF CHILD ABUSE VICTIMS.
Subdivision 1.
Definition.
For purposes of this section, "physical abuse" and "sexual abuse" have the meanings given in section 260E.03, except that abuse is not limited to acts by a person responsible for the child's care or in a significant relationship with the child or position of authority.
Subd. 2.
Court order required.
(a) A custodian of a videotape of a child victim or alleged victim alleging, explaining, denying, or describing an act of physical or sexual abuse as part of an investigation or evaluation of the abuse may not release a copy of the videotape without a court order, notwithstanding that the subject has consented to the release of the videotape or that the release is authorized under law.
(b) The court order may govern the purposes for which the videotape may be used, reproduction, release to other persons, retention and return of copies, and other requirements reasonably necessary for protection of the privacy and best interests of the child.
Subd. 3.
Petition.
An individual subject of data, as defined in section 13.02, or a patient, as defined in sections 144.291 to 144.298, who is seeking a copy of a videotape governed by this section may petition the district court in the county where the alleged abuse took place or where the custodian of the videotape resides for an order releasing a copy of the videotape under subdivision 2. Nothing in this section establishes a right to obtain access to a videotape by any other person nor limits a right of a person to obtain access if access is otherwise authorized by law or pursuant to discovery in a court proceeding.
History:
1995 c 259 art 4 s 6; 2007 c 147 art 10 s 15; 1Sp2020 c 2 art 8 s 143
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 611A — Crime Victims: Rights, Programs, Agencies › Section 611A.95 — Certifications For Victims Of Crimes.

611A.95 CERTIFICATIONS FOR VICTIMS OF CRIMES.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the meanings given:
(1) "certifying entity" means a state or local law enforcement agency;
(2) "criminal activity" means qualifying criminal activity pursuant to section 101(a)(15)(U)(iii) of the Immigration and Nationality Act, as amended through June 1, 2021, and includes the attempt, conspiracy, or solicitation to commit such crimes; and
(3) "certification" means any certification or statement required by federal immigration law, as amended through June 1, 2021, including but not limited to the information required by United States Code, title 8, section 1184(p), and United States Code, title 8, section 1184(o), including current United States Citizenship and Immigration Services Form I-918, Supplement B, and United States Citizenship and Immigration Services Form I-914, Supplement B, and any substantively similar successor forms.
Subd. 2.
Certification process.
(a) A certifying entity shall process a certification requested by a victim of criminal activity or a representative of the victim, including the victim's attorney, family member, or domestic violence or sexual assault violence advocate, within the time period prescribed in paragraph (b).
(b) A certifying entity shall process the certification within 90 days of request, unless the victim is in removal proceedings, in which case the certification shall be processed within 14 days of request. Requests for expedited certification must be affirmatively raised at the time of the request.
(c) An active investigation, the filing of charges, or a prosecution or conviction are not required for the victim of criminal activity to request and obtain the certification, provided that the certifying entity initiated an investigation and the victim cooperated in it.
Subd. 3.
Certifying entity; designate agent.
(a) The head of a certifying entity shall designate an agent to perform the following responsibilities:
(1) timely process requests for certification;
(2) provide outreach to victims of criminal activity to inform them of the entity's certification process; and
(3) keep a written or electronic record of all certification requests and responses.
(b) All certifying entities shall implement a language access protocol for non-English-speaking victims of criminal activity.
Subd. 4.
Disclosure prohibited; data classification.
(a) A certifying entity is prohibited from disclosing the immigration status of a victim of criminal activity, except to comply with federal law or legal process, or if authorized by the victim of criminal activity or representative requesting the certification.
(b) Data provided to a certifying entity under this section is classified as private data pursuant to section 13.02, subdivision 12.
History:
1Sp2021 c 11 art 3 s 34
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.22 — Concealing Birth.

617.22 CONCEALING BIRTH.
Any person who attempts to conceal the birth of a child by any disposition of its dead body, when the child died after its birth, shall be guilty of a misdemeanor. This section does not apply to the disposition of remains resulting from an abortion or miscarriage.
History:
(10179) RL s 4946; 1917 c 231 s 1; 1979 c 102 s 13; 1983 c 7 s 16; 2023 c 52 art 4 s 20
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.23 — Indecent Exposure; Penalties.

617.23 INDECENT EXPOSURE; PENALTIES.
Subdivision 1.
Misdemeanor.
A person who commits any of the following acts in any public place, or in any place where others are present, is guilty of a misdemeanor:
(1) willfully and lewdly exposes the person's body, or the private parts thereof;
(2) procures another to expose private parts; or
(3) engages in any open or gross lewdness or lascivious behavior, or any public indecency other than behavior specified in this subdivision.
Subd. 2.
Gross misdemeanor.
A person who commits any of the following acts is guilty of a gross misdemeanor:
(1) the person violates subdivision 1 in the presence of a minor under the age of 16; or
(2) the person violates subdivision 1 after having been previously convicted of violating subdivision 1, sections 609.342 to 609.3451, or a statute from another state in conformity with any of those sections.
Subd. 3.
Felony.
A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:
(1) the person violates subdivision 2, clause (1), after having been previously convicted of or adjudicated delinquent for violating subdivision 2, clause (1); section 609.3451, subdivision 1a, clause (2); or a statute from another state in conformity with subdivision 2, clause (1), or section 609.3451, subdivision 1a, clause (2); or
(2) the person commits a violation of subdivision 1, clause (1), in the presence of another person while intentionally confining that person or otherwise intentionally restricting that person's freedom to move.
Subd. 4.
Breastfeeding.
It is not a violation of this section for a woman to breastfeed.
History:
(10186) RL s 4953; 1931 c 321; 1986 c 444; 1994 c 636 art 2 s 54; 1995 c 226 art 2 s 31; 1996 c 408 art 3 s 37; 1998 c 367 art 3 s 14; 1998 c 369 s 2; 1Sp2021 c 11 art 4 s 31
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.243 — Indecent Literature, Distribution.

617.243 INDECENT LITERATURE, DISTRIBUTION.
Subdivision 1.
Prohibited activity.
No person, copartnership or corporation shall, as a condition to a sale or delivery for resale of any paper, magazine, book, comic, periodical or publication, require that the purchaser or consignee receive for resale any other article, book, comic or other publication reasonably believed by the purchaser or consignee to be obscene as defined in section 617.241.
Subd. 2.
Penalty.
A violation of subdivision 1 is a gross misdemeanor.
History:
1957 c 323 s 1; 1983 c 204 s 10
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.245 — Civil Action; Use Of Minor In Sexual Performance.

617.245 CIVIL ACTION; USE OF MINOR IN SEXUAL PERFORMANCE.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Minor" means any person who, at the time of use in a sexual performance, is under the age of 16.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance, or other exhibition presented before an audience or for purposes of visual or mechanical reproduction which depicts sexual conduct as defined by paragraph (e).
(e) "Sexual conduct" means any of the following if the depiction involves a minor:
(1) an act of sexual intercourse, actual or simulated, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts inflicted by or upon a minor who is nude, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so unclothed;
(3) masturbation or lewd exhibitions of the genitals; and
(4) physical contact or simulated physical contact with the unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
Subd. 2.
Cause of action.
A cause of action exists for injury caused by the use of a minor in a sexual performance. The cause of action exists against a person who promotes, employs, uses, or permits a minor to engage or assist others to engage in posing or modeling alone or with others in a sexual performance, if the person knows or has reason to know that the conduct intended is a sexual performance.
A person found liable for injuries under this section is liable to the minor for damages.
Neither consent to sexual performance by the minor or by the minor's parent, guardian, or custodian, or mistake as to the minor's age is a defense to the action.
Subd. 3.
Limitation period.
An action for damages under this section must be commenced within six years of the time the plaintiff knew or had reason to know injury was caused by plaintiff's use as a minor in a sexual performance. The knowledge of a parent, guardian, or custodian may not be imputed to the minor. This section does not affect the suspension of the statute of limitations during a period of disability under section 541.15.
History:
1992 c 571 art 12 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.26 — Mailing And Carrying Obscene Matter.

617.26 MAILING AND CARRYING OBSCENE MATTER.
Every person who shall deposit or cause to be deposited in any post office in the state, or place in charge of any express company or other common carrier or person for transportation, any of the articles or things specified in section 617.241, or any circular, book, pamphlet, advertisement or notice relating thereto, with the intent of having the same conveyed by mail, express, or in any other manner; or who shall knowingly or willfully receive the same with intent to carry or convey it, or shall knowingly carry or convey the same by express, or in any other manner except by United States mail, shall be guilty of a misdemeanor. The provisions of this section shall not be construed to apply to an article or instrument used by physicians lawfully practicing, or by their direction or prescription, for the cure or prevention of disease.
History:
(10189) RL s 4956; 1965 c 51 s 85; 2023 c 52 art 4 s 21
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.27 — Search Warrant; Destruction Of Property.

617.27 SEARCH WARRANT; DESTRUCTION OF PROPERTY.
A district court, upon complaint under oath that any person has in possession or under control any of the obscene books, papers, or other matter specified in sections 617.241 to 617.26, shall issue a warrant directed to the sheriff of the county, directing the sheriff to search for, seize, and take possession of the obscene matter. Upon conviction of the person in whose possession the obscene matter was found, the judge shall cause it to be destroyed, and the fact to be entered upon the records of the court.
History:
(10190) RL s 4957; 1965 c 51 s 86; 1983 c 359 s 92; 1986 c 444; 1998 c 254 art 2 s 66; 2005 c 10 art 2 s 4
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.291 — Sexually Explicit Material And Exhibitions; Purpose And Policy.

617.291 SEXUALLY EXPLICIT MATERIAL AND EXHIBITIONS; PURPOSE AND POLICY.
Subdivision 1.
Finding.
The legislature finds that sexually explicit materials and exhibitions presented before an audience are harmful to minors.
Subd. 2.
Best interest.
It is in the best interest of the health, welfare, and safety of the citizens of this state, and especially of minors within the state, that commercial dissemination, and dissemination without monetary consideration in a place of public accommodation, of sexually explicit written, photographic, printed, sound or published materials, and of plays, dances, or other exhibitions presented before an audience, that are deemed harmful to minors, be restricted to persons over the age of 17 years; or, if available to minors under the age of 18 years, that the availability of the materials be restricted to sources within established and recognized schools, churches, museums, medical clinics and physicians, hospitals, public libraries, or government sponsored organizations.
History:
1969 c 1071 s 1; 1987 c 215 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.292 — Definitions.

617.292 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 617.291 to 617.297, the terms defined in this section have the meanings given them.
Subd. 2.
Minor.
"Minor" means any person under the age of 18 years.
Subd. 3.
Nudity.
"Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
Subd. 4.
Sexual conduct.
"Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such a person be a female, her breast.
Subd. 5.
Sexual excitement.
"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
Subd. 6.
Sadomasochistic abuse.
"Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
Subd. 7.
Harmful to minors.
"Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:
(1) predominantly appeals to the prurient, shameful or morbid interest of minors;
(2) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
(3) is utterly without redeeming social importance for minors.
Subd. 8.
Knowingly.
"Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry or both:
(1) the character and content of any material which is reasonably susceptible of examination by the defendant; and
(2) the age of the minor, provided however that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
History:
1969 c 1071 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.293 — Harmful Materials; Dissemination And Display To Minors Prohibited.

617.293 HARMFUL MATERIALS; DISSEMINATION AND DISPLAY TO MINORS PROHIBITED.
Subdivision 1.
Dissemination.
It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor:
(a) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors, or
(b) any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in clause (a), or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse which, taken as a whole, is harmful to minors.
Subd. 2.
Display.
(a) It is unlawful for any person commercially and knowingly to exhibit or display any material which is harmful to minors in its content in any place of public accommodation where minors are or may be present and where minors are able to view the material unless each item is kept in a sealed wrapper at all times.
(b) It is unlawful for any person commercially and knowingly to exhibit or display any material the cover or packaging of which, standing alone, is harmful to minors in any place of public accommodation where minors are or may be present or allowed to be present and where minors are able to view the material unless each item is blocked from view by an opaque cover. The opaque cover requirement is satisfied if those portions of the cover or packaging containing the material harmful to minors are blocked from view by an opaque cover.
(c) The provisions of this subdivision do not apply to the exhibition or display of materials harmful to minors under circumstances where minors are not present or are not able to view the material or the material's cover or packaging. A person may comply with the requirements of this paragraph by (1) physically segregating the material in a manner that physically prohibits access to and view of the material by minors, (2) prominently posting at the entrance to the restricted area: "Adults only--you must be 18 to enter," and (3) enforcing the restriction.
History:
1969 c 1071 s 3; 1971 c 25 s 95; 1988 c 452 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.294 — Exhibition Prohibited.

617.294 EXHIBITION PROHIBITED.
It is unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor, whether or not for a monetary consideration, to a place of public accommodation where there is exhibited a motion picture, show or other presentation or a play, dance, or other exhibition presented before an audience which, in whole or in part, depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors.
History:
1969 c 1071 s 4; 1987 c 215 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.295 — Exemptions.

617.295 EXEMPTIONS.
The following are exempt from criminal or other action hereunder:
(1) recognized and established schools, churches, museums, medical clinics and physicians, hospitals, public libraries, governmental agencies or quasi governmental sponsored organizations, and persons acting in their capacity as employees or agents of such organization. For the purpose of this section "recognized and established" shall mean an organization or agency having a full time faculty and diversified curriculum in the case of a school; a church affiliated with a national or regional denomination; a licensed physician or psychiatrist or clinic of licensed physicians or psychiatrists; and in all other exempt organizations shall refer only to income tax exempted organizations which are supported in whole or in part by tax funds or which receive at least one-third of their support from publicly donated funds;
(2) individuals in a parental relationship with the minor; and
(3) motion picture machine operators, stagehands, or other theatre employees such as cashiers, doorkeepers, ushers, and concession employees, if such person or persons have no financial interest in the entertainment presented other than the salary or wage, or in any theatre or place where such employee has no financial interest when the employee's services are obtained solely for salary or wage; provided, that such employee is under the direct supervision of a theatre manager who is a resident of this state and who is not exempt from action under sections 617.291 to 617.297.
History:
1969 c 1071 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.296 — Penalties; Injunctive Remedies.

617.296 PENALTIES; INJUNCTIVE REMEDIES.
Subdivision 1.
Gross misdemeanor.
Except as otherwise provided in subdivision 1a, a violation of any provision of sections 617.291 to 617.297 is a gross misdemeanor.
Subd. 1a.
Penalty for display of harmful materials.
A violation of section 617.293, subdivision 2, is a misdemeanor.
Subd. 2.
Temporary restraining order or temporary injunction.
Whenever any county attorney, or the attorney general of this state, has reasonable cause to believe that any person within this state is violating sections 617.291 to 617.297, the prosecuting attorney may by verified petition seek a temporary restraining order or temporary injunction in the district court in the county in which the alleged violation occurred. No temporary restraining order or preliminary injunction shall be issued without a prior show cause notice of hearing to the respondents named in the petition, and an opportunity for the respondents to be heard. Personal service of the show cause order and of the petition made as in civil actions on the named respondents, or upon any of their employees or agents found within the state, shall constitute sufficient notice. Such show cause order for hearing may be returnable on the third day from the date of service as to a respondent who is present in this state, and on the fifth day as to a person not a resident or not found within this state.
History:
1969 c 1071 s 6; 1986 c 444; 1988 c 452 s 2,3
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.297 — Evidence Of Adherence To Motion Picture Rating System.

617.297 EVIDENCE OF ADHERENCE TO MOTION PICTURE RATING SYSTEM.
In any proceeding or prosecution involving the exhibitor or owner of any motion picture theatre, evidence of compliance or noncompliance with and adherence to a rating system recognized in the motion picture industry is admissible.
History:
1969 c 1071 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.298 — Obscene Motion Pictures At Drive-in Theaters; Definitions.

617.298 OBSCENE MOTION PICTURES AT DRIVE-IN THEATERS; DEFINITIONS.
Subdivision 1.
Definitions.
For the purposes of this section and section 617.299, the terms defined in this section have the meanings given them.
Subd. 2.
Obscene.
"Obscene" has the meaning given to it in section 617.241.
Subd. 3.
Nudity.
"Nudity" means the showing of the human male or female genitals, pubic areas, or buttocks with less than a fully opaque covering, or the showing of an uncovered, or less than opaquely covered, female breast below a point immediately above the top of the nipple, or the breast with the nipple and immediately adjacent area only covered.
Subd. 4.
[Repealed, 1983 c 204 s 14]
History:
1979 c 290 s 1; 1983 c 204 s 13
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.299 — Obscene Motion Pictures; Prohibiting Exhibition At Drive-in Theaters.

617.299 OBSCENE MOTION PICTURES; PROHIBITING EXHIBITION AT DRIVE-IN THEATERS.
Subdivision 1.
Misdemeanor.
Subject to the exemptions of section 617.295, a person who exhibits an obscene motion picture at a drive-in theatre is guilty of a misdemeanor.
Subd. 2.
Penalty enhancement.
Whoever violates the provisions of subdivision 1 within two years of a previous conviction shall be sentenced to imprisonment for not less than 20 days nor more than 364 days and to payment of a fine of not more than $3,000.
History:
1979 c 290 s 2; 1984 c 628 art 3 s 11; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.80 — Definitions.

617.80 DEFINITIONS.
Subdivision 1.
Generally.
The definitions in this section apply to sections 617.80 to 617.87.
Subd. 2.
Building.
"Building" means a structure suitable for human shelter, a commercial structure that is maintained for business activities that involve human occupation, any portion of the structure, or the land surrounding the structure. If the building is a multiunit dwelling, a hotel or motel, or a commercial or office building, the term "building," for purposes of sections 617.80 to 617.87, means only the portion of the building within or outside the structure in which a nuisance is maintained or permitted, such as a dwelling unit, room, suite of rooms, office, common area, storage area, garage, or parking area.
Subd. 3.
Movable property.
"Movable property" means furniture and fixtures.
Subd. 4.
Prostitution; prostitution-related activity.
"Prostitution" or "prostitution-related activity" means conduct that would violate sections 609.321 to 609.324.
Subd. 5.
Gambling; gambling-related activity.
"Gambling" or "gambling-related activity" means conduct that would violate sections 609.75 to 609.762.
Subd. 6.
[Repealed, 1997 c 100 s 5]
Subd. 7.
Owner.
"Owner," for purposes of sections 617.80 to 617.87, means a person having legal title to the premises, a mortgagee or vendee in possession, a trustee in bankruptcy, a receiver, or any other person having legal ownership or control of the premises.
Subd. 7a.
Occupant.
"Occupant" means a person who occupies or resides in a building or rental unit with the permission of the owner or a tenant or lessee.
Subd. 8.
Interested party.
"Interested party," for purposes of sections 617.80 to 617.87, means any known lessee or tenant of a building or affected portion of a building; any known agent of an owner, lessee, or tenant; or any other person who maintains or permits a nuisance and is known to the city attorney, county attorney, or attorney general.
Subd. 9.
Prosecuting attorney.
"Prosecuting attorney" means the attorney general, county attorney, city attorney, or attorney serving the jurisdiction where the nuisance is located.
History:
1987 c 283 s 1; 1991 c 193 s 5; 1995 c 244 s 26-30; 2009 c 123 s 15,16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.82 — Agreed Abatement Plans; Temporary Order.

617.82 AGREED ABATEMENT PLANS; TEMPORARY ORDER.
(a) If the recipient of a notice under section 617.81, subdivision 4, either abates the conduct constituting the nuisance or enters into an agreed abatement plan within 30 days of service of the notice and complies with the agreement within the stipulated time period, the prosecuting attorney may not file a nuisance action on the specified property regarding the nuisance activity described in the notice.
(b) If the recipient fails to comply with the agreed abatement plan, the prosecuting attorney may initiate a complaint for relief in the district court consistent with paragraph (c).
(c) Whenever a prosecuting attorney has cause to believe that a nuisance described in section 617.81, subdivision 2, exists within the jurisdiction the attorney serves, the prosecuting attorney may by verified petition seek a temporary injunction in district court in the county in which the alleged public nuisance exists, provided that at least 30 days have expired since service of the notice required under section 617.81, subdivision 4. No temporary injunction may be issued without a prior show cause notice of hearing to the respondents named in the petition and an opportunity for the respondents to be heard. Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a temporary injunction. Any temporary injunction issued must describe the conduct to be enjoined.
History:
1987 c 283 s 3; 1995 c 244 s 33; 1997 c 100 s 2; 1997 c 239 art 12 s 9
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.83 — Injunction; Order Of Abatement.

617.83 INJUNCTION; ORDER OF ABATEMENT.
Upon proof of a nuisance described in section 617.81, subdivision 2, the court shall issue a permanent injunction and enter an order of abatement, except as otherwise provided by section 617.85. The permanent injunction must describe the conduct permanently enjoined. The order of abatement must direct the closing of the building or a portion of it for one year, except as otherwise provided in section 617.84 or 617.85, unless sooner released pursuant to section 617.87. Before an abatement order is enforced against a building or portion of it, the owner must be served with the abatement order and a notice of the right to file a motion under section 617.85 in the same manner that a summons is served under the Rules of Civil Procedure. A copy of the abatement order shall also be posted in a conspicuous place on the building or affected portion.
History:
1987 c 283 s 4; 1997 c 100 s 3
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.84 — Movable Property.

617.84 MOVABLE PROPERTY.
The order of abatement may direct the removal of movable property used in conducting or maintaining the nuisance and direct the sale of property belonging to a respondent who was notified or appeared. The sale shall be conducted pursuant to the provisions of chapter 550 on the sale of property on execution. A person appointed by the court as receiver of the building may use a building or portion of it which is the subject of an abatement order in a manner approved by the court. Costs of the sale on execution, moving and storage fees, and any receivership must be paid out of the receipts from the sale of the movable property or any rents collected during the receivership. The balance from the sale of movable property must be paid to the owner of the property. The balance from any rents collected during any receivership shall be paid to the treasury of the unit of government which brought the abatement action.
History:
1987 c 283 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.85 — Nuisance; Motion To Cancel Lease.

617.85 NUISANCE; MOTION TO CANCEL LEASE.
Where notice is provided under section 617.81, subdivision 4, that an abatement of a nuisance is sought and the circumstances that are the basis for the requested abatement involved the acts of a commercial or residential tenant or lessee of part or all of a building, the owner of the building that is subject to the abatement proceeding may file before the court that has jurisdiction over the abatement proceeding a motion to cancel the lease or otherwise secure restitution of the premises from the tenant or lessee who has maintained or conducted the nuisance. The owner may assign to the prosecuting attorney the right to file this motion. In addition to the grounds provided in sections 504B.281 to 504B.371, the maintaining or conducting of a nuisance as defined in section 617.81, subdivision 2, by a tenant or lessee, is an additional ground authorized by law for seeking the cancellation of a lease or the restitution of the premises. Service of motion brought under this section must be served in a manner that is sufficient under the Rules of Civil Procedure and sections 504B.281 to 504B.371.
It is no defense to a motion under this section by the owner or the prosecuting attorney that the lease or other agreement controlling the tenancy or leasehold does not provide for eviction or cancellation of the lease upon the ground provided in this section.
Upon a finding by the court that the tenant or lessee has maintained or conducted a nuisance in any portion of the building, the court shall order cancellation of the lease or tenancy and grant restitution of the premises to the owner. The court must not order abatement of the premises if the court:
(1) cancels a lease or tenancy and grants restitution of that portion of the premises to the owner; and
(2) further finds that the act or acts constituting the nuisance as defined in section 617.81, subdivision 2, were committed by the tenant or lessee whose lease or tenancy has been canceled pursuant to this section and the tenant or lessee was not committing the act or acts in conjunction with or under the control of the owner.
History:
1987 c 283 s 6; 1995 c 244 s 34; 1997 c 100 s 4; 1997 c 239 art 12 s 10; 2005 c 136 art 7 s 18; 2017 c 40 art 1 s 119
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.86 — Contempt.

617.86 CONTEMPT.
Whoever violates a temporary injunction, permanent injunction, or abatement order granted under sections 617.80 to 617.87 may be adjudged in contempt of court.
History:
1987 c 283 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.87 — Release Of Property.

617.87 RELEASE OF PROPERTY.
If, after an order of abatement has been entered, the owner appears and pays the costs of the action and files a bond in an amount determined by the court, but not to exceed $50,000, conditioned that the owner will immediately abate the nuisance for a period of one year, the court may, if satisfied of the owner's good faith, order the release of the building or portion of it which is subject to the order of abatement. If the premises are released, for each day during the term of the bond that the owner knowingly permits any part of the premises to be used for any activity which was the basis of the abatement order, the owner shall forfeit $1,000 under the bond. Forfeiture under the bond does not relieve the owner from prosecution for contempt. Release of the property pursuant to this section does not release it from an injunction issued under section 617.83 or any other judgment, penalty, lien, or liability to which it may be subject by law.
History:
1987 c 283 s 8
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.90 — Graffiti Damage Action.

617.90 GRAFFITI DAMAGE ACTION.
Subdivision 1.
Definition.
For purposes of this section, "graffiti" means unauthorized markings of paint, dye, or other similar substance that have been placed on real or personal property such as buildings, fences, transportation equipment, or other structures, or the unauthorized etching or scratching of the surfaces of such real or personal property, any of which markings, scratchings, or etchings are visible from premises open to the public.
Subd. 2.
Cause of action.
An action for damage to property caused by graffiti may be brought by the owner of public or private property on which graffiti has been placed. Damages may be recovered for three times the cost of restoring the property, or the court may order a defendant to perform the work of restoring the property. Damages may be recovered from an individual who placed graffiti on public or private real or personal property or from the parent of a minor individual. The liability of the parent is limited to the amount specified in section 540.18. The court may award attorney fees and costs to a prevailing plaintiff.
History:
2004 c 149 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.91 — Definitions.

617.91 DEFINITIONS.
Subdivision 1.
General.
The definitions in this section apply to sections 617.91 to 617.97.
Subd. 2.
Continuously or regularly.
"Continuously or regularly" means at least three separate incidents or occurrences in a period of not more than 12 months.
Subd. 3.
Criminal gang.
"Criminal gang" has the meaning given in section 609.229.
Subd. 4.
Gang activity.
"Gang activity" means the commission of one or more of the offenses listed in section 609.11, subdivision 9; criminal damage to property in the first or second degree under section 609.595, subdivision 1 or 1a; trespass under section 609.605; disorderly conduct under section 609.72; or unlawful possession of a firearm by a minor under section 624.713, subdivision 1, clause (1).
Subd. 5.
Place.
"Place" means:
(1) a structure suitable for human shelter, a commercial structure that is maintained for business activities, a portion of the structure, or the land surrounding the structure that is under the control of the person who owns or is responsible for maintaining the structure. If the place is a multiunit dwelling, a hotel or motel, or a commercial or office building, "place" means only the portion of the place in which a public nuisance is maintained or permitted, including a dwelling unit, room, suite of rooms, office, common area, storage area, garage, parking area, or the land surrounding the place that is under the control of the person who owns or is responsible for maintaining the structure; or
(2) a parcel of land that does not include a structure and is under the control of the person who owns or is responsible for maintaining the land.
History:
2007 c 150 s 1; 2012 c 200 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.92 — Public Nuisance.

617.92 PUBLIC NUISANCE.
Subdivision 1.
Gang activities.
A criminal gang that continuously or regularly engages in gang activities is a public nuisance.
Subd. 2.
Use of place.
The continuous or regular use of a place by a lessee or tenant to engage in or allow gang activity by a criminal gang that is knowingly permitted by the owner or a person who is responsible for maintaining the place on behalf of the owner is a public nuisance.
History:
2007 c 150 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.93 — Suit To Abate Nuisance.

617.93 SUIT TO ABATE NUISANCE.
(a) A county or city attorney or the attorney general may sue to enjoin a public nuisance under sections 617.91 to 617.97.
(b) A person who continuously or regularly engages in gang activity as a member of a criminal gang may be made a defendant in a suit.
(c) If the public nuisance involves the use of a place as provided in section 617.92, subdivision 2, the owner or a person who is responsible for maintaining the place on behalf of the owner may be made a defendant in the suit pursuant to the procedures applicable to owners under sections 617.81 to 617.87.
History:
2007 c 150 s 3
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.94 — Court Order.

617.94 COURT ORDER.
(a) If the court finds, by a preponderance of the evidence, that a criminal gang constitutes a public nuisance, the court may enter a temporary or permanent order:
(1) enjoining a defendant in the suit from engaging in the gang activities; and
(2) imposing other reasonable requirements to prevent the defendant from engaging in future gang activities.
(b) "Reasonable requirement" as specified in paragraph (a), clause (2), means an injunctive limitation on gang behavior and social interaction that reduces the opportunity for gang activity. The court in imposing reasonable requirements must balance state interests in public safety against constitutional freedoms.
(c) If the court finds, by a preponderance of the evidence, that a place is continuously or regularly used in a manner that constitutes a public nuisance, the court may include in its order reasonable requirements to prevent the use of the place for gang activity. This may include cancellation of any applicable lease pursuant to the procedures in section 617.85 that may involve any tenant or lessee who has maintained or conducted the public nuisance, or other reasonable requirements established in the order.
History:
2007 c 150 s 4
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.95 — Violation Of Court Order; Fine And Criminal Penalty.

617.95 VIOLATION OF COURT ORDER; FINE AND CRIMINAL PENALTY.
Subdivision 1.
Fine for civil contempt.
A person who violates a temporary or permanent injunctive order issued under section 617.94 is subject to a fine for civil contempt of not less than $1,000 nor more than $10,000.
Subd. 2.
Criminal penalty.
A person who knowingly violates a temporary or permanent injunctive order issued under section 617.94 is guilty of a misdemeanor.
History:
2007 c 150 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.96 — Attorney Fees.

617.96 ATTORNEY FEES.
In an action brought under sections 617.91 to 617.97, the court may award a prevailing party reasonable attorney fees and costs.
History:
2007 c 150 s 6
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 617 — Abortion; Obscenity; Nuisance › Section 617.97 — Use Of Place; Evidence.

617.97 USE OF PLACE; EVIDENCE.
(a) In an action brought under sections 617.91 to 617.97, proof that gang activity by a member of a criminal gang is continuously or regularly committed at a place or proof that a place is continuously or regularly used for engaging in gang activity by a member of a criminal gang is prima facie evidence that the person who owns or is responsible for maintaining the place knowingly permitted the act.
(b) Paragraph (a) does not apply if the person who owns or is responsible for maintaining the place proves, by a preponderance of the evidence, that the person has made reasonable efforts to prevent the occurrence of the gang activity, which may include cancellation of or an attempt to cancel the lease.
History:
2007 c 150 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 624 — Crimes; Fireworks; Firearms › Section 624.21 — Sale, Possession, And Use Of Fireworks Prohibited.

624.21 SALE, POSSESSION, AND USE OF FIREWORKS PROHIBITED.
Except as otherwise provided in sections 624.20 to 624.25, it shall be unlawful for any person to offer for sale, expose for sale, sell at retail or wholesale, possess, advertise, use, or explode any fireworks. This section shall not be construed to prohibit the possession, use, or explosion of fireworks by an engineer licensed pursuant to sections 326.02 and 326.03 or a person under the engineer's direct supervision when undertaking acoustical testing; or sales at wholesale to those persons holding valid permits for a fireworks display from a governmental subdivision of the state; or sales outside the state or sales to licensed professional engineers for acoustical testing purposes only.
History:
1941 c 125 s 2; 1963 c 818 s 1; 1982 c 440 s 1; 1988 c 584 s 3; 1994 c 636 art 5 s 17
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 624 — Crimes; Fireworks; Firearms › Section 624.221 — Exemptions For License Or Permit Holder.

624.221 EXEMPTIONS FOR LICENSE OR PERMIT HOLDER.
Sections 624.20, 624.21, and 624.23 to 624.25 do not apply to:
(1) the holders of a federal explosives license or permit issued pursuant to United States Code, title 18, chapter 40, or their agents when the holder or agent is acting in compliance with the conditions of licensure; or
(2) the holders of permits issued pursuant to section 624.22 or their agents, from the date of issuance until 20 days after the date of exhibition authorized by the permit, when the holder or agent is acting in compliance with the conditions of the permit and section 624.22.
History:
1988 c 584 s 4
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 624 — Crimes; Fireworks; Firearms › Section 624.23 — Construction Of Sections 624.20 To 624.25.

624.23 CONSTRUCTION OF SECTIONS 624.20 TO 624.25.
Nothing in sections 624.20 to 624.25 shall be construed to prohibit any resident wholesaler, dealer, or jobber, from possessing or selling at wholesale fireworks which are not prohibited; or the possession or sale of any kind of fireworks for shipment directly out of the state; or the possession or use of fireworks by airplanes and railroads, or other transportation agencies for signal purposes or illumination; or the possession, sale, or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations or for use as a bird or animal repelling device.
History:
1941 c 125 s 4; 1971 c 710 s 1; 1988 c 584 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 624 — Crimes; Fireworks; Firearms › Section 624.24 — Officers May Seize Illegal Fireworks.

624.24 OFFICERS MAY SEIZE ILLEGAL FIREWORKS.
The state fire marshal, or any sheriff, police officer, or local fire marshal, shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of sections 624.20 to 624.25.
History:
1941 c 125 s 5; 2005 c 10 art 2 s 4