Minnesota Disorderly Conduct and Trespass Laws (2026)

Minnesota makes disorderly conduct a misdemeanor under section 609.72 of the Minnesota Statutes, punishable by up to 90 days in jail, a fine of up to $1,000, or both. The offense covers brawling or fighting and offensive, obscene, abusive, boisterous or noisy conduct or language in a public or private place, when the person knows or has reasonable grounds to know it will tend to alarm, anger or disturb others or provoke an assault or breach of the peace.

Trespass is a single section, 609.605, with no numbered degrees. Most forms, including refusing to leave when the lawful possessor demands it, are misdemeanors; a few are gross misdemeanors (up to 364 days and $3,000), such as trespass at a domestic abuse or sex trafficking shelter, a group of three or more entering a school, posted livestock premises, and critical public service facilities, utilities and pipelines under section 609.6055. None of Minnesota's trespass offenses is a felony. For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Minnesota's state criminal statutes on disorderly conduct (section 609.72), related public-order offenses in chapter 609 and sections 340A.902 and 12.45, and trespass under sections 609.605, 609.6055, 609.85, 609.6057, 97B.001 and 97A.315. It does not cover local noise ordinances and quiet hours (see Minnesota noise laws), the civil procedure for removing occupants (see Minnesota squatters' rights), use of force against an intruder (see Minnesota self-defense laws), civil trespass lawsuits, city and county ordinances, or federal property rules.

What counts as disorderly conduct in Minnesota

Section 609.72, subdivision 1, sets one mental-state test for all of its clauses. It applies to whoever acts "in a public or private place, including on a school bus, knowing, or having reasonable grounds to know that it will, or will tend to, alarm, anger or disturb others or provoke an assault or breach of the peace." The statute then lists three kinds of conduct:

1. Engaging in brawling or fighting.
2. Disturbing "an assembly or meeting, not unlawful in its character." This clause is void (see below).
3. Engaging "in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others."

Two features of that text matter to readers. First, the statute reaches private places as well as public ones, so it is not limited to streets, parks or stores. Second, the language clause is tied to words "tending reasonably to arouse alarm, anger, or resentment in others," and the whole subdivision requires that the person knew or had reasonable grounds to know the conduct would tend to alarm, anger or disturb others or provoke an assault or breach of the peace.

The same subdivision adds an exception: "A person does not violate this section if the person's disorderly conduct was caused by an epileptic seizure."

Noisy conduct is one of the forms in clause (3); for quiet hours, decibel limits and how to handle loud neighbors, see our Minnesota noise ordinance laws page.

The disturbing-a-meeting clause was struck down

Clause (2) still appears in the printed statute, followed by a note. In State v. Hensel, 901 N.W.2d 166 (Minn. 2017), the Minnesota Supreme Court held that section 609.72, subdivision 1, clause (2), "is facially unconstitutional under the First Amendment to the United States Constitution because it is substantially overbroad." The court added that "there is no reasonable narrowing construction" of the clause, so "the remedy for the First Amendment violation is to invalidate the statute."

The language part of clause (3) has also been narrowed. In In re Welfare of S.L.J., 263 N.W.2d 412 (Minn. 1978), the Minnesota Supreme Court upheld the "offensive, obscene, or abusive language" wording only "by construing it narrowly to refer only to 'fighting words,'" as the court described that ruling in Hensel. Hensel notes that S.L.J. "involved only the 'language' portion of the statute, not the statute's prohibition of certain 'conduct.'"

Penalty and the caregiver enhancement

Section 609.72 calls disorderly conduct a misdemeanor. Under section 609.02, subdivision 3, a misdemeanor is "a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed," and section 609.03(3) sets the same limits.

Subdivision 3 of section 609.72 raises the ceiling in one situation. A caregiver, as defined in section 609.232, who commits disorderly conduct against a vulnerable adult "may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both." That matches the gross misdemeanor range in section 609.03(2).

Public drunkenness, riot and other public-order offenses

Public intoxication. Section 340A.902 is titled "Drunkenness not a crime" and provides: "No person may be charged with or convicted of the offense of drunkenness or public drunkenness." The same section says it does not prevent "the prosecution and conviction of an intoxicated person for offenses other than drunkenness or public drunkenness," so conduct while drunk can still fall under section 609.72 or another statute.

Unlawful assembly (609.705). When three or more persons assemble, each participant commits unlawful assembly, a misdemeanor, if the assembly is "with intent to commit any unlawful act by force," "with intent to carry out any purpose in such manner as will disturb or threaten the public peace," or "without unlawful purpose, but the participants so conduct themselves in a disorderly manner as to disturb or threaten the public peace."

Presence at an unlawful assembly (609.715). "Whoever without lawful purpose is present at the place of an unlawful assembly and refuses to leave when so directed by a law enforcement officer is guilty of a misdemeanor."

Riot (609.71). Riot requires three or more persons assembled who "disturb the public peace by an intentional act or threat of unlawful force or violence to person or property." Each participant commits riot in the third degree (up to 364 days, a fine of up to $1,000, or both). A participant who is armed with a dangerous weapon, or who knows another participant is armed, commits riot in the second degree (up to 5 years, $10,000, or both). Riot in the first degree applies when a death results and the person is armed with a dangerous weapon (up to 20 years, $35,000, or both).

Obstructing access to health care (609.7495). A person who "intentionally and physically obstructs any individual's access to or egress from a facility" commits a gross misdemeanor. Subdivision 3 says the section does not impair speech protected by the federal or state constitutions or law, "including but not limited to peaceful and lawful handbilling and picketing." Chapter 97 of the 2026 session laws amended the facility definitions in subdivision 1; the penalty in subdivision 2 is unchanged.

Other public-order offenses. Among the other public-order offenses in chapter 609 and elsewhere in the statutes are:

• Maintaining a public nuisance (609.74), a misdemeanor: by an act or failure to perform a legal duty, intentionally maintaining or permitting a condition that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of a considerable number of members of the public, or interfering with, obstructing or making dangerous for passage any public highway, right-of-way or waters used by the public. Permitting real property one controls to be used to maintain a public nuisance (609.745) is also a misdemeanor.
• Concealing one's identity in a public place "by means of a robe, mask, or other disguise," a misdemeanor, unless based on religious beliefs or incidental to amusement, entertainment, protection from weather or medical treatment (609.735).
• Unlawful interference with a transit operator (609.855, subd. 2): up to 90 days and $1,000 without force, and up to 3 years and $5,000 when the act is accompanied by force or violence or a threat of either.
• Disrupting a funeral (609.501): with intent to disrupt, protesting or picketing within 500 feet of the burial site or service entrance from one hour before to one hour after a funeral, graveside or memorial service; impeding a funeral procession; blocking access to the service; or targeted residential picketing at a surviving family member's home on the day of the service. A misdemeanor, and a gross misdemeanor after a previous conviction.
• Falsely reporting a crime to a peace officer, knowing it is false and intending the officer to act on it (609.505): a misdemeanor, and a gross misdemeanor on a second or subsequent conviction.
• False emergency calls (609.78): calling for emergency service knowing no emergency exists is a misdemeanor; reporting a fictitious emergency to prompt a police, fire or medical response is a gross misdemeanor, and a felony of up to 3 years and $10,000 if someone suffers substantial bodily harm as a result of the response, or up to 10 years and $20,000 if great bodily harm or death results.
• Bomb threats and threats of violence (609.713): communicating, with purpose to terrorize or in reckless disregard of that risk, that explosives or an incendiary device is at a named place, whether or not it is, carries up to 3 years and $3,000; threatening a crime of violence to terrorize, to cause an evacuation or otherwise to cause serious public inconvenience carries up to 5 years and $10,000.
• Willfully violating a rule or order having the force of law issued under the state emergency management chapter is a misdemeanor, up to 90 days or a fine of up to $1,000, unless a different penalty is specified (12.45).

Minnesota repealed its vagrancy statute (609.725) in 2005, and chapter 609 has no general loitering or vagrancy offense in its place.

Criminal trespass in Minnesota

Minnesota does not divide trespass into degrees. Section 609.605 lists acts that are misdemeanors in subdivision 1 and adds gross misdemeanor forms in later subdivisions. A separate section, 609.6055, covers critical public service facilities, utilities and pipelines.

Being told to leave, and returning

The forms most readers ask about turn on notice from the person in control. Under section 609.605, subdivision 1(b), a person commits a misdemeanor if the person intentionally:

• "trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor" (clause 3);
• "returns to the property of another within one year after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent" (clause 8); or
• returns to the property of another "with the intent to abuse, disturb, or cause distress in or threaten another, after being told to leave the property and not to return," without claim of right or consent (clause 7).

"Premises" means "real property and any appurtenant building or structure." That definition is not limited to homes: it reaches any real property and its buildings, including business premises.

Dwellings, posted buildings and other misdemeanor forms

Clause 4 covers a person who "occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation." A dwelling is a building or part of a building used as a residence full-time or part-time, including a unit in a multidwelling building or a manufactured home. For a building, "posted" means a sign at least 8-1/2 inches by 11 inches in a conspicuous place on the exterior, or within the property, carrying "a general notice warning against trespass."

Among the other misdemeanor forms in subdivision 1(b) are:

• letting domestic animals or fowls under one's control go on another's land within a city (clause 1);
• interfering unlawfully with a boundary monument, sign or pointer (clause 2);
• entering another's premises intending to take or injure fruit, fruit trees or vegetables, without permission (clause 5);
• entering or being found in a public or private cemetery without authorization during hours it is posted as closed (clause 6);
• entering a locked or posted construction site, or a locked or posted aggregate mining site, without the owner's or lawful possessor's consent, unless a business licensee (clauses 9 and 10); and
• crossing into an area lawfully cordoned off by or at the direction of a peace officer (clause 11). The statute provides that "It is an affirmative defense to a charge under this clause that a peace officer permitted entry into the restricted area."

A posted construction site needs a sign at least 8-1/2 by 11 inches, plus additional signs scaled to the size of the protected area. A posted aggregate mining site needs signs with a general trespass warning, letters at least two inches high, a statement that Minnesota law prohibits trespassing on the property, placed conspicuously at intervals of 500 feet or less.

Occupying another person's dwelling without claim of right or consent falls within clause 4; chapter 609 contains no separate squatting offense. For the civil side of removing occupants, see Minnesota squatters' rights. For the use of force against an intruder, see Minnesota self-defense laws.

Gross misdemeanor trespass

Shelters. Subdivision 2 makes it a gross misdemeanor to trespass on the grounds of a facility providing emergency shelter services for battered women (the statute's printed wording), comparable services for sex trafficking victims, or transitional housing for either group and their children, without claim of right or consent, and to refuse to depart on demand of one who has the right to give consent. Chapter 97 of the 2026 session laws (article 1, section 24) replaces the words "battered women" in this subdivision with "domestic abuse victims"; the gross misdemeanor grade is the same.

Schools. Under subdivision 4, it is a misdemeanor to enter or be found in a public or nonpublic elementary, middle or secondary school building unless the person is an enrolled student, a parent or guardian of one, or a school or district employee; has permission or an invitation from a school official; is attending an event, class or meeting to which the person, the public or a student's family is invited; or has reported their presence as required for visitors. Being on a school roof without permission is also a misdemeanor, as is entering school property within one year after being told by the principal or designee to leave and not return, unless given permission to return. A group of three or more who enter or are found in a school building is guilty of a gross misdemeanor unless one of them meets one of the listed conditions. Separately, boarding a school bus in operation and refusing to leave on the operator's demand is a misdemeanor (subdivision 4a).

Livestock premises (biosecurity). Subdivision 5 makes it a gross misdemeanor to enter "the posted premises of another on which cattle, bison, sheep, goats, swine, horses, poultry, farmed Cervidae, farmed Ratitae, aquaculture stock, or other species of domestic animals for commercial production are kept, without the consent of the owner or lawful occupant." Posting requires a sign at least 11 inches square at each roadway entry giving notice of a biosecurity area. State and county regulators conducting inspections are exempt.

Critical public service facilities, utilities and pipelines (609.6055). Entering or being found on property containing one of these facilities without claim of right or consent is a gross misdemeanor if the person refuses to depart on demand, was told within the past six months to leave and not return, or the property is posted. Posting means signs saying "no trespassing" or similar terms, with letters at least two inches high, stating that Minnesota law prohibits trespassing, placed conspicuously at intervals of 500 feet or less. Entering a non-public underground structure containing a utility line or pipeline is a gross misdemeanor with no posting required. The definition includes buildings and fenced or enclosed property of railroad yards and stations, bus stations, airports and other mass transit facilities, oil refineries, hazardous materials storage, and nonpublic portions of bridges, but not railroad tracks beyond such a facility.

Railroads, court-ordered restrictions and hunting land

• Railroads (609.85, subd. 6). Intentionally trespassing, or letting animals under one's control trespass, on a railroad track, yard or bridge is a misdemeanor.
• Geographic restriction orders (609.6057). A person who knows of a geographic restriction order issued against them and intentionally enters or remains in the restricted area commits a misdemeanor.
• Outdoor recreation (97B.001 and 97A.315). A person may not enter agricultural land for outdoor recreation without permission of the owner, occupant or lessee; may not remain or return within one year after being personally told not to; and may not enter posted land without permission. Violations are misdemeanors, and gross misdemeanors when the person knowingly disregards signs, trespasses after personal notice from the landowner or lessee, or is convicted more than once in three years. Under 97A.315, subdivision 2, a trespass conviction while doing an activity licensed under the game and fish laws, or one requiring snowmobile registration, makes that license and registration null and void, and a person convicted of the gross misdemeanor may not be issued a license to take game for two years. Section 97B.001 provides that a person on foot may enter land not posted under subdivision 4 to retrieve a lawfully shot wounded animal (subject to subdivision 3), and may enter private land without a firearm to retrieve a hunting dog, and must leave immediately afterward.

What counts as a no trespassing sign, and purple paint

For outdoor recreation, an owner, occupant, lessee or authorized public land manager may post land "once each year" with signs that state "no trespassing" or similar terms, display letters at least two inches high, are signed or carry the legible name and telephone number of the owner, occupant, lessee or manager, and are placed either at intervals of 1,000 feet or less along the boundary (500 feet or less in wooded areas where boundaries are unclear) or at the primary corners and at the entrances of access roads and trails. Since 2026 (Laws 2026, chapter 95, article 9, section 2), section 97B.001, subdivision 4(d), gives an alternative to those signs for land closed to outdoor recreation. The owner, occupant or lessee of private land, or an authorized manager of public land, may instead apply "purple paint to trees along the perimeter of the area," and the paint must be applied "at least three feet off the ground," "to trees that are at least one inch wide," and "in a strip that is at least eight inches tall," together with "posting signs once each year that mark the primary corners of the area." A person without a property right, title or interest to use the land may not post it by signs or paint.

That paint option applies to posting against outdoor recreation under section 97B.001. Sections 609.605 and 609.6055 contain no paint-mark provision; their posting rules call for signs.

Trespass versus burglary

No trespass section carries a felony penalty. Burglary under section 609.582 requires entering a building without consent with intent to commit a crime, or committing a crime while inside; first-degree burglary carries up to 20 years and $35,000.

Minnesota disorderly conduct and trespass penalties

The misdemeanor and gross misdemeanor ranges come from section 609.03: a misdemeanor carries up to 90 days, a fine of up to $1,000, or both, and a gross misdemeanor up to 364 days, a fine of up to $3,000, or both. For Minnesota's full set of offense levels and sentences, see Minnesota felony and misdemeanor levels.

Recent changes

• 2026, chapter 97 (signed May 18, 2026). Article 1, section 24 replaces "battered women" with "domestic abuse victims" in the shelter-trespass provision, section 609.605, subdivision 2. Article 1, section 25 amended the facility definitions in section 609.7495, subdivision 1. Neither change alters a penalty.
• 2026, chapter 95 (signed May 14, 2026). Article 9, section 2 added a purple-paint posting option, section 97B.001, subdivision 4(d), for land closed to outdoor recreation.

Federal law separately governs conduct on federal property and at the U.S. Capitol; see the disorderly conduct and trespass laws by state hub.

Related pages

• Disorderly conduct and trespass laws by state
• Minnesota noise ordinance laws
• Minnesota felony and misdemeanor levels
• Minnesota squatters' rights
• Minnesota self-defense laws
• Minnesota assault laws

This article provides general legal information about Minnesota's disorderly conduct, public-order and trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Minnesota.

Last updated: 2026-10-18.

Frequently Asked Questions

What is disorderly conduct in Minnesota?

Under Minn. Stat. 609.72, it is brawling or fighting, or offensive, obscene, abusive, boisterous or noisy conduct or language, in a public or private place, when the person knows or has reasonable grounds to know it will tend to alarm, anger or disturb others or provoke an assault or breach of the peace.

Is disorderly conduct a misdemeanor in Minnesota?

Yes. It is a misdemeanor punishable by up to 90 days, a fine of up to $1,000, or both. A caregiver who commits it against a vulnerable adult faces up to 364 days, a fine of up to $3,000, or both (609.72 subd. 3).

Can you get disorderly conduct for swearing in Minnesota?

Clause (3) of section 609.72 covers offensive, obscene or abusive language tending reasonably to arouse alarm, anger or resentment in others, and only when the person knows or has reasonable grounds to know it will tend to alarm, anger or disturb others or provoke an assault or breach of the peace. The Minnesota Supreme Court has construed the language part of that clause to reach only fighting words (In re Welfare of S.L.J., 1978).

Is disturbing a meeting still a crime in Minnesota?

In State v. Hensel (2017), the Minnesota Supreme Court held the disturbing-an-assembly clause of 609.72, subd. 1(2), facially unconstitutional because it is substantially overbroad, and invalidated it. The clause is still printed with a note.

Is public intoxication illegal in Minnesota?

No. Minn. Stat. 340A.902 says no person may be charged with or convicted of drunkenness or public drunkenness. An intoxicated person can still be prosecuted for other offenses, such as disorderly conduct.

Is trespassing a felony in Minnesota?

No Minnesota trespass offense is a felony. Most forms under 609.605 are misdemeanors; shelter-grounds, school-group, posted livestock and critical-facility trespass are gross misdemeanors with up to 364 days and $3,000. Entering a building without consent with intent to commit a crime is burglary under 609.582.

What happens if a store tells you to leave in Minnesota?

Refusing to depart from another's premises on demand of the lawful possessor, without claim of right, is misdemeanor trespass under 609.605 subd. 1(b)(3). Returning within one year after being told to leave and not return is a separate misdemeanor under clause (8).

Does Minnesota have a purple paint law?

Yes, for outdoor recreation. Since 2026, 97B.001 subd. 4(d) lets an owner, occupant or lessee post land against outdoor recreation with purple paint on perimeter trees (at least 3 feet off the ground, on trees at least 1 inch wide, in a strip at least 8 inches tall) plus signs once each year at the primary corners, as an alternative to no trespassing signs. Those signs need letters at least 2 inches high and must be signed or show the owner's name and phone number. The trespass sections in chapter 609 use signs only.