2025 Session Last amended: 2023 session

§ 609.595 — Damage to Property

Plain-Language Summary

Defines criminal damage to property in Minnesota across four degrees. First degree (up to 5 years in prison and a $10,000 fine) applies when the damage created a foreseeable risk of bodily harm, hit a public safety motor vehicle or common carrier, reduced the property's value by more than $1,000, or reduced it by more than $500 with a prior conviction under this section within the preceding three years. Second degree (felony, up to one year and a day and a $3,000 fine) covers damage motivated by bias against the owner's or victim's actual or perceived race, religion, sex, sexual orientation, disability, or similar characteristics. Third degree (up to 364 days and a $3,000 fine) covers damage of more than $500 but not more than $1,000, damage to a public safety vehicle, or bias-motivated damage of $500 or less, and any other intentional damage is a fourth-degree misdemeanor. Damage from multiple incidents within a six-month period can be aggregated to reach higher thresholds.

609.595 DAMAGE TO PROPERTY.

Subdivision 1.Criminal damage to property in the first degree.

Whoever intentionally causes damage to physical property of another without the latter’s consent 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, if:

(1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or

(2) the property damaged was a public safety motor vehicle, the defendant knew the vehicle was a public safety motor vehicle, and the damage to the vehicle caused a substantial interruption or impairment of public safety service or a reasonably foreseeable risk of bodily harm; or

(3) the property damaged belongs to a common carrier and the damage impairs the service to the public rendered by the carrier; or

(4) the damage reduces the value of the property by more than $1,000 measured by the cost of repair and replacement; or

(5) the damage reduces the value of the property by more than $500 measured by the cost of repair and replacement and the defendant has been convicted within the preceding three years of an offense under this subdivision or subdivision 2.

In any prosecution under clause (4), the value of any property damaged by the defendant in violation of that clause within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this section; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph. §

Subd. 1a.Criminal damage to property in the second degree.

(a) Whoever intentionally causes damage described in subdivision 2, paragraph (a), is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both, if the damage:

(1) was committed in whole or in substantial part because of the property owner’s or another’s actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03;

(2) was committed in whole or in substantial part because of the victim’s actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03; or

(3) was motivated in whole or in substantial part by an intent to intimidate or harm an individual or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03.

(b) In any prosecution under paragraph (a), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph. §

Subd. 2.Criminal damage to property in the third degree.

(a) Except as otherwise provided in subdivision 1a, whoever intentionally causes damage to another person’s physical property without the other person’s consent 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, if: (1) the damage reduces the value of the property by more than $500 but not more than $1,000 as measured by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle and the defendant knew the vehicle was a public safety motor vehicle.

(b) Whoever intentionally causes damage to another person’s physical property without the other person’s consent 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, if the damage reduces the value of the property by not more than $500 and:

(c) In any prosecution under paragraph (a), clause (1), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph. §

Subd. 3.Criminal damage to property in the fourth degree.

Whoever intentionally causes damage described in subdivision 2 under any other circumstances is guilty of a misdemeanor. §

Subd. 4.Definitions.

(a) As used in this section, “public safety motor vehicle” includes:

(1) marked vehicles used by law enforcement agencies and specially marked vehicles permitted under section 169.98, subdivision 2a, owned or leased by the state or a political subdivision;

(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the state or a political subdivision;

(3) ambulances owned or leased by the state or a political subdivision;

(4) vehicles owned by ambulance services licensed under section 144E.10 that are equipped and specifically intended for emergency response or providing ambulance services; and

(5) marked vehicles used by conservation officers of the Division of Enforcement and Field Service of the Department of Natural Resources.

(b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a), clause (2), “damage” includes tampering with a public safety motor vehicle and acts that obstruct or interfere with the vehicle’s use.

History:

1963 c 753 art 1 s 609.595; 1971 c 23 s 60; 1977 c 355 s 11; 1979 c 258 s 18; 1984 c 421 s 1; 1984 c 628 art 3 s 11; 1987 c 329 s 11; 1989 c 261 s 2-4; 2002 c 401 art 1 s 17; 2007 c 54 art 2 s 17,18; 2017 c 95 art 3 s 15-17; 2023 c 52 art 4 s 13,14; art 6 s 16

History: History: 1963 c 753 art 1 s 609.595; 1971 c 23 s 60; 1977 c 355 s 11; 1979 c 258 s 18; 1984 c 421 s 1; 1984 c 628 art 3 s 11; 1987 c 329 s 11; 1989 c 261 s 2-4; 2002 c 401 art 1 s 17; 2007 c 54 art 2 s 17,18; 2017 c 95 art 3 s 15-17; 2023 c 52 art 4 s 13,14; art 6 s 16

Practical Notes

The severity of a criminal damage to property charge depends primarily on the dollar amount of damage (measured by repair or replacement cost) and whether the damage created a risk of harm. Damage amounts from multiple incidents within a 6-month period can be aggregated to reach felony thresholds. Vandalism, keying a car, breaking windows, graffiti, and similar acts all fall under this statute. Restitution to the property owner is typically ordered in addition to criminal penalties. Even misdemeanor property damage convictions can affect background checks for employment and housing.

Source: Minnesota Office of the Revisor of Statutes