Cited by
Opinions in Minnesota that cite State v. Neisen, 415 N.W.2d 326.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
And the Minnesota Supreme Court has consistently emphasized that this inquiry 6 should be “guided by the public policy that if criminal liability, particularly gross misdemeanor or felony liability, is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear.” (acknowledging that it is a “long established principle of American criminal jurisprudence that in common law crimes and in felony level offenses mens rea is required”).
- Joel Armen Underwood, III v. State of Minnesota Minn. 2025
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Joel Armen Underwood, III v. State of Minnesota
Minn. 2025
(requiring clear legislative intent for the court to determine an offense imposes strict criminal liability).
- State of Minnesota v. Samuel James Lyons Minn. Ct. App. 2023
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State of Minnesota v. Samuel James Lyons
Minn. Ct. App. 2023
felony liability, is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear.” C.R.M., d at 809 (); see, (reading knowledge requirement into possession of controlled-substance statute).
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State of Minnesota,
Minn. 2021
In doing so, we are “ guided by the public policy that if criminal liability, particularly gross misdemeanor or fe lony liability, is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear.”
- State of Minnesota v. Galen Dale Littlewind Minn. Ct. App. 2017
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State of Minnesota v. Galen Dale Littlewind
Minn. Ct. App. 2017
intent to do the act which results in the departure from custody.” see also State v. Knox, 311 Minn. 314, 322, 3 (stating that “[u]nder [section] 609.485, the acts must be intentional and voluntary in order for the departure to constitute an escape”); (stating that “legislature does not intend an unreasonable result” and “if criminal liability, particularly gross misdemeanor or felony liability, is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear”
- State v. Garcia-Gutierrez 844 N.W.2d 519 Minn. 2014
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State v. Garcia-Gutierrez
844 N.W.2d 519
Minn. 2014
6 In adopting this rule, we have been guided by the principle that “if criminal liability, particularly gross misdemeanor or felony liability, is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear.” d at 809 ().
- State v. Rohan 834 N.W.2d 223 Minn. Ct. App. 2013
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State v. Rohan
834 N.W.2d 223
Minn. Ct. App. 2013
Relying on United States Supreme Court precedent disfavoring offenses that do not require mens rea, the Minnesota Supreme Court has stated that it is “guided by the public policy that if criminal liability, particularly gross misdemeanor or felony liability, is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear.”
- State v. Ndikum 815 N.W.2d 816 Minn. 2012
- State v. Ndikum 815 N.W.2d 816 Minn. 2012
- State v. Ndikum 802 N.W.2d 844 Minn. Ct. App. 2011
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State v. Ndikum
802 N.W.2d 844
Minn. Ct. App. 2011
In C.R.M., the supreme court specifically stated that it was “ ‘guided by the public policy that if criminal liability, particularly gross misdemeanor or felony liability, is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear.’ ” C.R.M., d at 809 (emphasis added) ().
- State v. Peck 773 N.W.2d 768 Minn. 2009
- State v. Arkell 657 N.W.2d 883 Minn. Ct. App. 2003
- State v. Arkell 657 N.W.2d 883 Minn. Ct. App. 2003
- In Re Welfare of C.R.M. 611 N.W.2d 802 Minn. 2000
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In Re Welfare of C.R.M.
611 N.W.2d 802
Minn. 2000
1793 , 128 L.Ed.2d 608 (1994), and legislative intent to impose strict criminal liability must be clear
- State v. Loge 608 N.W.2d 152 Minn. 2000
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State v. Loge
608 N.W.2d 152
Minn. 2000
Where we have found a statute ambiguous, we have said, “if criminal liability, particularly gross misdemeanor or felony liability, is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear.”
- State v. Loge 589 N.W.2d 491 Minn. Ct. App. 1999
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State v. Loge
589 N.W.2d 491
Minn. Ct. App. 1999
To impose criminal liability for conduct unaccompanied by fault, however, “the legislative intent to do so should be clear.”
- State Ex Rel. Schaller v. County of Blue Earth 563 N.W.2d 260 Minn. 1997
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State Ex Rel. Schaller v. County of Blue Earth
563 N.W.2d 260
Minn. 1997
295 , 62 L.Ed.2d 307 (1979), ).
- Englund v. MN CA Partners/MN Joint Ventures 555 N.W.2d 328 Minn. Ct. App. 1997
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Englund v. MN CA Partners/MN Joint Ventures
555 N.W.2d 328
Minn. Ct. App. 1997
(declining' to find violation where vendor unintentionally served alcohol to minor, noting “if criminal liability * ⅜ * is to be imposed for conduct unaccompanied by fault, the legislative intent to do so should be clear”); Strand , 245 Minn, at 422-23, d at 616 (rejecting argument that a sale
- State v. Wetsch 511 N.W.2d 490 Minn. Ct. App. 1994
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State v. Wetsch
511 N.W.2d 490
Minn. Ct. App. 1994
(legislature has exclusive power to define what acts constitute a crime); (legislature has power to create strict liability offenses as long as this intent is clear in statute).
- State Ex. Rel. Wacouta Township v. Brunkow Hardwood Corp. 510 N.W.2d 27 Minn. Ct. App. 1993
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State Ex. Rel. Wacouta Township v. Brunkow Hardwood Corp.
510 N.W.2d 27
Minn. Ct. App. 1993
(statutes should not be construed to lead to absurd results).
- Claude v. Collins 507 N.W.2d 452 Minn. Ct. App. 1993
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Claude v. Collins
507 N.W.2d 452
Minn. Ct. App. 1993
Generally, civil penalties may not be imposed for unintentional conduct unless “the legislative intent to do so [is] clear.” (reading intent requirement into criminal statute); see also Twin City Candy & Tobacco Co. v. A. Weisman Co., 276 Minn. 225 , 236-37 n. 11, , 704-05 n. 11 (1967) (“[H]arm without intent is ordinarily justiciable only in civil litigation where all that is sought is injunctive relief.
- Wagner v. Schwegmann's South Town Liquor, Inc. 485 N.W.2d 730 Minn. Ct. App. 1992
- Wagner v. Schwegmann's South Town Liquor, Inc. 485 N.W.2d 730 Minn. Ct. App. 1992
- State v. White 464 N.W.2d 585 Minn. Ct. App. 1990
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State v. White
464 N.W.2d 585
Minn. Ct. App. 1990
the supreme court declined to eliminate the “carding defense” to the liquor sales statute.