Certain damage to farm machinery and equipment crime establishment

A bill for an act

relating to criminal law; establishing a crime for certain damage to farm machinery

and equipment; establishing a crime for certain trespasses on agricultural land;

providing for criminal penalties; amending Minnesota Statutes 2024, section

609.605, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes,

chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[609.5945] DAMAGE TO FARM MACHINERY AND EQUIPMENT.

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Subdivision 1.

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Definition.

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For purposes of this section, "agricultural land" has the

meaning given in section 273.13, subdivision 23.

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Subd. 2.

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Crime.

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Whoever, without consent of the owner or operator of the agricultural

land, places in a growing crop any device of iron, steel, ceramic, or other substance

sufficiently hard to damage harvesting, spraying, or similar machinery or tillage, irrigation,

fertilizing, or planting equipment used to produce the crop, with intent to damage the

machinery or equipment, is guilty of a gross misdemeanor.

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Subd. 3.

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Restitution.

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In addition to any sentence imposed under subdivision 2, the

sentencing court must order a person convicted of violating this section to pay restitution

to the owner of the damaged machinery or equipment.

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Sec. 2.

Minnesota Statutes 2024, section 609.605, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanor.

(a)
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The following terms have the meanings given them

for purposes of this section
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For purposes of this section, the following terms have the

meanings given
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.

(1) "Premises" means real property and any appurtenant building or structure.

(2) "Dwelling" means the building or part of a building used by an individual as a place

of residence on either a full-time or a part-time basis. A dwelling may be part of a

multidwelling or multipurpose building, or a manufactured home as defined in section

168.002, subdivision 16
.

(3) "Construction site" means the site of the construction, alteration, painting, or repair

of a building or structure.

(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the person

on whose behalf a building or dwelling is being constructed, altered, painted, or repaired

and the general contractor or subcontractor engaged in that work.

(5) "Posted," as used:

(i) in paragraph (b), clause (4), means the placement of a sign at least 8-1/2 inches by

11 inches in a conspicuous place on the exterior of the building, or in a conspicuous place

within the property on which the building is located. The sign must carry a general notice

warning against trespass;

(ii) in paragraph (b), clause (9), means the placement of a sign at least 8-1/2 inches by

11 inches in a conspicuous place on the exterior of the building that is under construction,

alteration, or repair, or in a conspicuous place within the area being protected. If the area

being protected is less than three acres, one additional sign must be conspicuously placed

within that area. If the area being protected is three acres but less than ten acres, two

additional signs must be conspicuously placed within that area. For each additional full ten

acres of area being protected beyond the first ten acres of area, two additional signs must

be conspicuously placed within the area being protected. The sign must carry a general

notice warning against trespass; and

(iii) in paragraph (b), clause (10), means the placement of signs that:

(A) carry a general notice warning against trespass;

(B) display letters at least two inches high;

(C) state that Minnesota law prohibits trespassing on the property; and

(D) are posted in a conspicuous place and at intervals of 500 feet or less.

(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative

of a building trades labor or management organization.

(7) "Building" has the meaning given in section
609.581, subdivision 2
.

(b) A person is guilty of a misdemeanor if the person intentionally:

(1) permits domestic animals or fowls under the actor's control to go on the land of

another within a city;

(2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate

a point of a boundary, line or a political subdivision, or of a tract of land;

(3) trespasses on the premises of another and, without claim of right, refuses to depart

from the premises on demand of the lawful possessor;

(4) 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;

(5)
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except as provided in section 609.605, subdivision 2, paragraph (b),
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enters the

premises of another with intent to take or injure any fruit, fruit trees, or vegetables growing

on the premises, without the permission of the owner or occupant;

(6) enters or is found on the premises of a public or private cemetery without authorization

during hours the cemetery is posted as closed to the public;

(7) 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, if the actor is

without claim of right to the property or consent of one with authority to consent;

(8) 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;

(9) enters the locked or posted construction site of another without the consent of the

owner or lawful possessor, unless the person is a business licensee;

(10) enters the locked or posted aggregate mining site of another without the consent of

the owner or lawful possessor, unless the person is a business licensee; or

(11) crosses into or enters any public or private area lawfully cordoned off by or at the

direction of a peace officer engaged in the performance of official duties. As used in this

clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other means

conspicuously placed and identifying the area as being restricted by a peace officer and

identifying the responsible authority; and (ii) "peace officer" has the meaning given in

section
626.84, subdivision 1
. It is an affirmative defense to a charge under this clause that

a peace officer permitted entry into the restricted area.

Sec. 3.

Minnesota Statutes 2024, section 609.605, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

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(a)
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Whoever trespasses upon the grounds of a facility

providing emergency shelter services for battered women, as defined under section
611A.31,

subdivision 3
, or providing comparable services for sex trafficking victims, as defined under

section
609.321, subdivision 7b
, or of a facility providing transitional housing for battered

women and their children or sex trafficking victims and their children, without claim of

right or consent of one who has right to give consent, and refuses to depart from the grounds

of the facility on demand of one who has right to give consent, is guilty of a gross

misdemeanor.

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(b) Whoever trespasses upon agricultural land, as defined under section 273.13,

subdivision 23, with intent to take or injure an agricultural crop or to damage farm machinery

or equipment used to produce the agricultural crop is guilty of a gross misdemeanor.

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