In Minnesota, invasion of privacy is a criminal offense governed by several statutes that prohibit acts that violate an individual’s right to privacy. Minnesota Statute 609.746 makes it illegal to engage in conduct such as trespassing or using technology to invade someone’s privacy without their consent. This law is designed to protect people from unlawful surveillance, stalking, and other actions that breach their right to feel safe and secure in their private spaces.
The statute applies to various situations, whether it’s using a camera to secretly record someone in their home, unlawfully accessing private information, or stalking a person through electronic means. The law strictly prohibits any form of invasion, including directly observing someone in a private place or indirectly collecting information without consent.
Apple Valley Criminal Defense Lawyer
James Blumberg is a qualified criminal defense attorney who focuses on criminal defense cases, including invasion of privacy. With extensive experience serving Minnesota, Blumberg will fight hard to protect your rights if you are facing a criminal charge for invasion of privacy.
To learn more about how an experienced criminal defense attorney can help with your case, call us today at (952) 431-7758. Your first consultation is free, so call now.
Information Center for Invasion of Privacy
What Is Invasion of Privacy in Minnesota?
In Minnesota, invasion of privacy includes several actions under Minnesota Statutes 609.746, which prohibit any person from spying on, recording, or following someone in situations where they have a reasonable expectation of privacy. This can include a variety of scenarios, including unauthorized surveillance or stalking.
Unauthorized Surveillance
- Scenario: A neighbor installs a hidden camera pointing into a person’s backyard to watch them without consent. This is illegal under Minnesota law, as individuals have a reasonable expectation of privacy in their homes and private spaces.
Stalking and Harassment
- Scenario: A person repeatedly follows someone around their neighborhood, showing up at their home and workplace without invitation. This behavior is considered stalking and can result in serious charges.
Recording Without Consent
- Scenario: A person uses their phone to record someone without their knowledge while they are in a private place, such as a dressing room or bathroom. This violation of privacy can lead to criminal charges under Minnesota law.
Accessing Private Information
- Scenario: Someone hacks into another person’s computer or phone to access personal photos or documents without permission. This can result in charges of invasion of privacy and other related cybercrime offenses.
Penalties
The penalties for invasion of privacy in Minnesota depend on the severity of the offense and whether the actions caused harm or involved additional crimes such as stalking or harassment.
Misdemeanor:
For minor offenses, such as trespassing or low-level harassment, the offender can face up to:
- 90 days in jail and
- A $1,000 fine.
Gross Misdemeanor:
If the invasion of privacy causes significant distress or involves repeat offenses, the offender could face up to:
- 1 year in jail and
- Fines up to $3,000.
Felony:
If the invasion of privacy involves stalking, significant harm, or violation of a restraining order, the offender could face:
- More than 1 year in prison and
- Higher fines depending on the severity of the incident.
Defenses
Several defenses can be raised in cases of invasion of privacy, depending on the specifics of the situation:
Lack of Intent
- Defense: If the accused did not intend to violate the privacy of another person, this could be a defense. For example, if someone accidentally walked into a private area without knowing it was restricted, intent may not be established.
Consent
- Defense: If the accused can prove that the individual consented to the surveillance, recording, or other activities in question, this could serve as a viable defense. The burden would be on the defendant to show that consent was given freely and without coercion.
Mistaken Identity
- Defense: If the accused was not the person who conducted the invasion of privacy, and they can prove an alibi or misidentification, this could be a defense.
Additional Resources
- Minnesota Statute 609.746 – Prohibits the use of any device to observe, photograph, or record individuals in places where they have a reasonable expectation of privacy.
- Stalking Information | Minnesota Attorney General – The Minnesota Attorney General’s office provides additional information on stalking. In addition to stalking laws in the North Star State, victims can gain access to helplines, learn how to document the incident and see if you are eligible for an order of protection.
- Stalking/Cybercrimes – Stalking is an offense that can take many forms. While the crime is commonly associated with tracking someone’s every move, it can also be committed by making repeated phone calls and sending unwanted gifts after being told to stop. Contact James Blumberg if you are in need of a criminal defense lawyer for stalking and cybercrimes.
Contact a Minnesota Criminal Defense Lawyer
If you have been charged with invasion of privacy, do not face the legal system alone. Contact Dakota County criminal defense attorney James Blumberg at (952) 431-7758 to start building a strong defense. Your future is important, and he can use his knowledge and experience on both sides of the law to help you protect it.
James Blumberg Law serves clients throughout Sibley County, Scott County, Rice County, Carver County, Dodge County, Olmsted County, and Steele County.