Minnesota State Statutes
"Domestic abuse" means: - correct answer-**if committed against a family or household
member by a family or household member**...key to "domestic vs. assault (1) physical harm,
bodily injury, or assault; (2) the infliction of fear of imminent physical harm, bodily injury, or
assault; or (3) terroristic threats, criminal sexual conduct; or interference with an emergency
call. "Qualified domestic violence-related offense" means all assaults, malicious punishment
of a child, stalking, sexual assaults, terroristic threats & restraining orders.
"Family or household members" means: - correct answer-(1) spouses and former spouses;
(2) parents and children; (3) persons related by blood; (4) persons who are presently
residing together or who have resided together in the past; (5) persons who have a child in
common regardless of whether they have been married or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is alleged to be the father,
regardless of whether they have been married or have lived together at any time; and (7)
persons involved in a significant romantic or sexual relationship. In determining whether
persons are or have been involved in a significant romantic or sexual relationship, the court
shall consider the length of time of the relationship; type of relationship; frequency of
interaction between the parties; and, if the relationship has terminated, length of time since
the termination.
* Adulteration - correct answer-Felony..."Adulteration" is the intentional adding of any
substance, which has the capacity to cause death, bodily harm or illness by ingestion,
injection, inhalation or absorption, to a substance having a customary or reasonably
foreseeable human use...i.e. putting substance in food. Acts constituting. (a) Whoever,
knowing or having reason to know that the adulteration will cause or is capable of causing
death, bodily harm or illness, adulterates any substance with the intent to cause death,
bodily harm or illness; or (b) Whoever, knowing or having reason to know that a substance
has been adulterated as defined in subdivision 1, distributes, disseminates, gives, sells, or
otherwise transfers an adulterated substance with the intent to cause death, bodily harm or
illness is guilty of a felony.
* Burglary in the first degree - correct answer-Felony...**Whoever enters a building without
consent and with intent to commit a crime**, or enters a building without consent and
commits a crime while in the building, either directly or as an accomplice, commits burglary
in the first degree, if: (a) **the building is a dwelling and another person, not an accomplice,
is present** in it when the burglar enters or at any time while the burglar is in the building; (b)
**the burglar possesses, when entering or at any time while in the building, any of the
following: a dangerous weapon, any article used or fashioned in a manner to lead the victim
to reasonably believe it to be a dangerous weapon, or an explosive**; or (c) **the burglar
assaults a person within the building or on the building's appurtenant property**.
* Burglary in the fourth degree - correct answer-Gross Mis...**Whoever enters a building
without consent and with intent to commit a misdemeanor other than to steal**, or enters a
building without consent and commits a misdemeanor other than to steal while in the
building, either directly or as an accomplice, commits burglary in the fourth degree.
,* Burglary in the second degree - correct answer-Felony...Whoever enters a building without
consent and with intent to commit a crime, or enters a building without consent and commits
a crime while in the building, either directly or as an accomplice, commits burglary in the
second, if (nobody is home): (a) the building is a dwelling; (b) the portion of the building
entered contains a banking business or other business of receiving securities or other
valuable papers for deposit or safekeeping and the entry is with force or threat of force; (c)
the portion of the building entered contains a pharmacy or other lawful business or practice
in which controlled substances are routinely held or stored, and the entry is forcible; or (d)
when entering or while in the building, the burglar possesses a tool to gain access to money
or property.
* Burglary in the third degree - correct answer-Felony...Whoever **enters a building *not a
dwelling* without consent and with intent to steal or commit any felony or gross
misdemeanor while in the building**, or enters a building without consent and steals or
commits a felony or gross misdemeanor while in the building, either directly or as an
accomplice, commits burglary in the third degree. **The difference between theft &
burglary...burglary = in your home without your consent...theft = can be by an invited guest,
babysitter, etc.
* Possession of burglary or theft tools - correct answer-Felony...Whoever has in possession
any device, explosive, or other instrumentality with intent to use or permit the use of the
same to commit burglary or theft.
* Riot first degree - correct answer-Felony...When three or more persons assembled disturb
the public peace by an intentional act or threat of unlawful force or violence to person or
property **and a death results, and one of the persons is armed with a dangerous weapon**,
that person is guilty of riot first degree. Riot second degree. Felony...When three or more
persons assembled disturb the public peace by an intentional act or threat of unlawful force
or violence to person or property, **each participant who is armed with a dangerous weapon
or knows that any other participant is armed with a dangerous weapon** is guilty of riot
second degree. Riot third degree. Gross Mis...When three or more persons assembled
disturb the public peace by an intentional act or threat of unlawful force or violence to person
or property, each participant therein is guilty of riot third degree. **no weapons**
* Trespass - correct answer-Misdemeanor...**you must give the person a warning & chance
to leave before they can be charged** (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)
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 30 days 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; or (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. Gross misdemeanor. Whoever trespasses upon the grounds of a facility
pr
* Trespasses on school property - correct answer-(a) It is a misdemeanor for a person to
enter or be found in a public or nonpublic elementary, middle, or secondary school building
unless the person: (1) is an enrolled student in, a parent or guardian of an enrolled student
in, or an employee of the school or school district; (2) has permission or an invitation from a
school official to be in the building; (3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or (4) has reported the person's
presence in the school building in the manner required for visitors to the school. (b) **gang
concern** It is a gross misdemeanor for a group of three or more persons to enter or be
found in a public or nonpublic elementary, middle, or secondary school building unless one
of the persons: (1) is an enrolled student in, a parent or guardian of an enrolled student in, or
an employee of the school or school district; (2) has permission or an invitation from a school
official to be in the building; (3) is attending a school event, class, or meeting to which the
person, the public, or a student's family is invited; or (4) has reported the person's presence
in the school building in the manner required for visitors to the school. (c) It is a
misdemeanor for a person to enter or be found on school property within six months after
being told by the school principal or the principal's designee to leave the property and not to
return, unless the principal or the principal's designee has given the person permission to
return to the property. Misdemeanor exception...(e) **A peace officer may arrest a person
without a warrant if the officer has probable cause to believe the person violated this
subdivision within the preceding four hours. The arrest may be made even though the
violation did not occur in the peace officer's presenc
* Unlawful assembly - correct answer-Misdemeanor...When three or more persons
assemble, each participant is guilty of unlawful assembly, which is a misdemeanor, if the
assembly is: (1) With intent to commit any unlawful act by force; or (2) With intent to carry
out any purpose in such manner as will disturb or threaten the public peace; or (3) Without
unlawful purpose, but the participants so conduct themselves in a disorderly manner as to
disturb or threaten the public peace.
** Burglary - correct answer-1-3 felony, 4 Gross 1st Degree...occupied dwelling, dangerous
weapon, explosive, assaults a person in the building or on the property 2nd
degree...unoccupied dwelling, portion has a bank or pharmacy, suspect possesses a tool to
access money or property 3rd degree...not a dwelling, suspect commits a gross or felony 4th
degree...not a dwelling, suspect commits a misdemeanor, other than to steal.
** CSC 1st, 2nd, & 3rd - correct answer-All are felonies...1st Degree...Penetration, or
genital-genital contact with less than 13 y/o...this is the ONLY difference between 1st & 2nd.
2nd Degree...contact, or if victim less than 13 (not genital-genital contact), and actor is
greater than 36 months older Victim 13-16, actor more than 48 months older AND in position
