2025 Session Last amended: 1998 session

§ 588.20 — Criminal Contempts

Plain-Language Summary

This section defines criminal contempt in Minnesota and establishes two levels of offense. Knowingly disobeying a subpoena in a violent crime case to obstruct justice is a felony punishable by up to five years in prison. Other forms of criminal contempt, including courtroom disruptions, willful disobedience of court orders, and failure to pay child support when able, are misdemeanors.

588.20 CRIMINAL CONTEMPTS.

Subdivision 1.Felony contempt.

(a) A person who knowingly and willfully disobeys a subpoena lawfully issued in relation to a crime of violence, as defined in section 609.11, subdivision 9, with the intent to obstruct the criminal justice process 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.

(b) A felony charge under this subdivision may be filed upon the person’s nonappearance. However, the charge must be dismissed if the person voluntarily appears within 48 hours after the time required for appearance on the subpoena and reappears as directed by the court until discharged from the subpoena by the court. This paragraph does not apply if the person appears as a result of being apprehended by law enforcement authorities. §

Subd. 2.Misdemeanor contempt.

Every person who commits a contempt of court, of any one of the following kinds, is guilty of a misdemeanor:

(1) disorderly, contemptuous, or insolent behavior, committed during the sitting of the court, in its immediate view and presence, and directly tending to interrupt its proceedings, or to impair the respect due to its authority;

(2) behavior of like character in the presence of a referee, while actually engaged in a trial or hearing, pursuant to an order of court, or in the presence of a jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law;

(3) breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of a court, jury, or referee;

(4) willful disobedience to the lawful process or other mandate of a court other than the conduct described in subdivision 1;

(5) resistance willfully offered to its lawful process or other mandate other than the conduct described in subdivision 1;

(6) contumacious and unlawful refusal to be sworn as a witness, or, after being sworn, to answer any legal and proper interrogatory;

(7) publication of a false or grossly inaccurate report of its proceedings; or

(8) willful failure to pay court-ordered child support when the obligor has the ability to pay.

No person may be punished as provided in this subdivision for publishing a true, full, and fair report of a trial, argument, decision, or other court proceeding.

History:

(10042) RL s 4854; 1993 c 340 s 53; 1998 c 367 art 2 s 3

History: History: (10042) RL s 4854; 1993 c 340 s 53; 1998 c 367 art 2 s 3

Practical Notes

When this applies: When someone commits contempt of court that rises to the level of a criminal offense, as opposed to civil contempt. Who this affects: Witnesses who ignore subpoenas in violent crime cases, people who disrupt court proceedings, those who willfully disobey court orders, and parents who fail to pay child support despite having the ability to pay. Key points: Felony contempt (up to 5 years, $10,000 fine) applies only when a person knowingly disobeys a subpoena in a violent crime case with intent to obstruct justice; the felony charge must be dismissed if the person voluntarily appears within 48 hours; misdemeanor contempt covers disorderly courtroom behavior, willful disobedience of court orders, refusal to be sworn or testify, publishing false court reports, and willful failure to pay child support; publishing a true and fair report of court proceedings is specifically protected and cannot be punished as contempt.

Source: Minnesota Office of the Revisor of Statutes