Minnesota Statutes 609.6057 – Geographic Restriction
Subdivision 1.Definition.
As used in this section, “geographic restriction” means a limitation prohibiting a defendant in a criminal proceeding or a juvenile offender in a delinquency proceeding from entering a designated property or geographic area.
Subd. 2.Prohibited conduct; penalty.
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:
Class Prison Fine Misdemeanor up to 90 days up to $1,000
For details, see § 609.02
Terms Used In Minnesota Statutes 609.6057
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Attorney's Note
Under the Minnesota Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Misdemeanor | up to 90 days | up to $1,000 |
Terms Used In Minnesota Statutes 609.6057
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
A person who knows of a geographic restriction order issued against the person and intentionally enters or remains in the restricted area is guilty of a misdemeanor.
Subd. 3.Notice.
(a) A geographic restriction may be issued as a pretrial order before final disposition of the underlying criminal case, as a postconviction probationary order, or both. A geographic restriction order is independent of any condition of pretrial release or probation imposed on the defendant. A geographic restriction order may be issued in addition to a similar restriction imposed as a condition of pretrial release or probation.
(b) A court may issue a geographic restriction upon a finding that its issuance will serve the interests of protecting public safety or property. In making that determination, a court shall consider the following factors:
(1) whether a defendant’s presence in a restricted area creates a risk to public safety or property;
(2) a defendant’s criminal history;
(3) the likelihood of future criminal activity within the restricted area; and
(4) any other factors deemed relevant by the court.
(c) A court may grant any exceptions to a geographic restriction that it deems necessary in order to avoid the imposition of a significant hardship upon a defendant. In determining whether to grant an exception, a court shall also consider the impact of the exception on the interests of protecting public safety or property.
(d) A geographic restriction order under this section shall be issued in a proceeding that is separate from but which may be held immediately following a proceeding in which any pretrial release or sentencing issues are decided.
(e) A court issuing a geographic restriction order under this section shall notify a defendant:
(1) of the area subject to a geographic restriction; and
(2) that violation of the geographic restriction order is a crime.
Subd. 4.Cancellation.
(a) A court shall cancel a pretrial geographic restriction order at the final disposition of the underlying criminal case.
(b) A court shall cancel a postconviction geographic restriction order when an offender completes a period of probationary supervision or is committed to the commissioner of corrections.
(c) A court may cancel a postconviction geographic restriction order at any time during which an offender is under probationary supervision.