Trespass "Leave and Don't Return" Subsection Requires Proof of Both

State v. Kremmin, Minn.Ct.App., 1/3/2017.  One of the ten ways to commit trespass is to return "to the property of another within one year 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."  Minn.Stat. 609. 605, subd. 2(8).  Mr. Kremmin and his estranged spouse co-owned a horse who lived at S.S.'s place.  Mr. Kremmin went over to S.S.'s place and fetched the horse back to his farm.  S.S., upon discovering the missing horse, went to Mr. Kremmin's farm.  S.S. told Mr. Kremmin never to return to her property.  Mr. Kremmin ignored this missive and later went onto S.S.'s property (but apparently did not disturb the horse.)

The state charged Mr. Kremmin with trespass under this leave and never return definition of the crime.  At the end of the state's case Mr. Kremmin said that he was entitled to a judgment of acquittal because the state had failed to prove that S.S. told him both to leave the property and not to return to the property.  The trial court denied this motion for a judgment of acquittal.

The court of appeals reverses.  The state does have to prove under this leave and don't return definition of trespass that while on the property the offender was told to leave and was told not to return. Because no one disputed that Mr. Kremmin was on S.S.'s property when she told him to leave he could not have been told to depart that property as the statute requires.