Minnesota Statutes

Minn. Stat. § 631.04 (2026)

Excluding Minors From Attendance At Criminal Trials; Duty Of Officer; Penalty

✓ current as of May 2026

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A minor under the age of 17 who is not a party to, witness in, or directly interested in a criminal prosecution or trial before a district court, may not be present at the trial. A police officer, sheriff, or other officer in charge of a court and attending upon the trial of a criminal case in the court, shall exclude a minor under age of 17 from the room in which the trial is being held. This section does not apply when the minor is permitted to attend by order of the court before which the trial is being held. A police officer, sheriff, or deputy sheriff who knowingly neglects or refuses to carry out the provisions of this section is guilty of a misdemeanor.

Notes of Decisions

Cited in 5 cases, 1979–2018 · leading case: State v. Lindsey, 632 N.W.2d 652 (Minn. 2001).

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State v. Lindsey, 632 N.W.2d 652 (Minn. 2001). · cites it 28× “” The parties agree that the court was referring to Minn.Stat. § 631.04 (1992). 1 Lindsey made no objection on the record to the exclusion of the children and the record does not reflect whether he objected during the off-the-record discussion.”

Gannett Co. v. DePasquale, 443 U.S. 368 (1979). · cites it 2× “278, § 16A (West 1972) (general public can be excluded from all trials of designated crimes); Minn. Stat. § 631.04 (1978) (no person under 17 who is not a party shall be present in a criminal trial); Va.”

State v. Losh, 721 N.W.2d 886 (Minn. 2006). · cites it 4× “2d at 659 (declaring Minn. Stat. § 631.04 (2000) unconstitutional as a violation of the separation of powers despite the absence of a conflicting rule of procedure).”

Semler v. Klang, 743 N.W.2d 273 (Minn. Ct. App. 2007). · cites it 2× “18 (2004) (defining “peace officer” to include both “a constable” and a “police officer of any municipality”); Minn.Stat. § 631.04 (2004) (“A police officer, constable, sheriff, or other officer in charge of a court.”

Smith v. Smith (D. Minnesota 2018). · cites it 2× “2d at 657, 660-61 (applying Minn. Stat. § 631.04 ); they may lock the courtroom doors during jury instructions and closing arguments, State v.”

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