§
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.
Notes of Decisions
Cited in
22
cases (
1 in the last 5 years), 1967–2024 · leading case:
State v. Tatum, 556 N.W.2d 541 (Minn. 1996).
State v. Tatum, 556 N.W.2d 541 (Minn. 1996).
· cites it 39× “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; (5) resistance willfully offered to its lawful process or other mandate; (6) contumacious and unlawful…”
State of Minnesota v. Miranda Lynn Jones, 869 N.W.2d 24 (Minn. 2015).
· cites it 28× “In addition, the State cited Jones for misdemean- or contempt of court under Minn. Stat. § 588.20 , subd. 2(4) (2014).”
State v. Tayari-Garrett, 841 N.W.2d 644 (Minn. Ct. App. 2014).
· cites it 10× “1 In October 2012, appellant was tried by a jury for committing the offense of misdemeanor criminal contempt under Minn. Stat. § 588.20 , subd. 2(4) (2012).”
State of Minnesota v. Miranda Lynn Jones, 857 N.W.2d 550 (Minn. Ct. App. 2014).
· cites it 32× “2 *554 Counsel for Jones supplied statistics to the district court showing that in the years 2010-12, Polk County brought over 400 contempt-of-court charges under Minn. Stat. § 588.20 , subd. 2(4). In an August 5, 2014 order, the district court dismissed the contempt-of-court…”
State v. Lingwall, 637 N.W.2d 311 (Minn. Ct. App. 2001).
· cites it 3× “” Minn.Stat. § 588.20, subd. 2(1). Lingwall argues that this language limits the contumacious conduct to acts that, because they occur during a trial or hearing, would tend to interrupt the court’s proceedings.”
State v. Olson, 382 N.W.2d 279 (Minn. Ct. App. 1986).
· cites it 5× “2(a) (1984), holding that since the only crime the State claimed defendant had on his mind while entering the building was the intent to commit a misdemeanor (misdemeanor criminal contempt, Minn.Stat. § 588.20(4) (1984)), that *283 the dismissed counts could not lie as those two…”
State v. Alexander, 281 N.W.2d 349 (Minn. 1979).
· cites it 2× “§§ 588.20(4), (5); 609.05. Respondents moved to dismiss the complaint on August 16.”
In Re the Welfare of D.T.P., 685 N.W.2d 709 (Minn. Ct. App. 2004).
· cites it 4× “continued to miss school, he was charged with misdemeanor contempt of court under Minn. Stat. 588.20 (2002) and was adjudged delinquent based on the misdemeanor contempt charge.”
Peterson v. Peterson, 153 N.W.2d 825 (Minn. 1967).
· cites it 2× “02 limits the power to punish constructive contempts by imprisonment or by a fine exceeding $50 to cases where it appears that a party’s right or remedy was defeated or prejudiced; and that § 588.20, making certain contempts misdemeanors, apparently limits the punishment for…”
In Re Welfare of A.W., 399 N.W.2d 223 (Minn. Ct. App. 1987).
· cites it 2× “69, now renumbered § 588.20. The Comment also states that Minn.”
Minn. Stat. § 588.20(4): 4 cases
State v. Olson, 382 N.W.2d 279 (Minn. Ct. App. 1986).
“2(a) (1984), holding that since the only crime the State claimed defendant had on his mind while entering the building was the intent to commit a misdemeanor (misdemeanor criminal contempt, Minn.Stat. § 588.20(4) (1984)), that *283 the dismissed counts could not lie as those two…”
State v. Tatum, 556 N.W.2d 541 (Minn. 1996).
“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; (5) resistance willfully offered to its lawful process or other mandate; (6) contumacious and unlawful…”
State v. Alexander, 281 N.W.2d 349 (Minn. 1979).
“§§ 588.20(4), (5); 609.05. Respondents moved to dismiss the complaint on August 16.”
Minn. Stat. § 588.20(4)(8): 1 case
Minn. Stat. § 588.20(5): 1 case
State v. Tatum, 556 N.W.2d 541 (Minn. 1996).
“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; (5) resistance willfully offered to its lawful process or other mandate; (6) contumacious and unlawful…”
Minn. Stat. § 588.20(6): 1 case
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