reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.13 — Convictions Of Felony Or Gross Misdemeanor; When Deemed Misdemeanor Or Gross Misdemeanor.

609.13 CONVICTIONS OF FELONY OR GROSS MISDEMEANOR; WHEN DEEMED MISDEMEANOR OR GROSS MISDEMEANOR.
Subdivision 1.
Felony.
Notwithstanding a conviction is for a felony:
(1) the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined in section 609.02; or
(2) the conviction is deemed to be for a misdemeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence.
Subd. 2.
Gross misdemeanor.
Notwithstanding that a conviction is for a gross misdemeanor, the conviction is deemed to be for a misdemeanor if:
(1) the sentence imposed is within the limits provided by law for a misdemeanor as defined in section 609.02; or
(2) if the imposition of the sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without sentence.
Subd. 3.
Misdemeanors.
If a defendant is convicted of a misdemeanor and is sentenced, or if the imposition of sentence is stayed, and the defendant is thereafter discharged without sentence, the conviction is deemed to be for a misdemeanor for purposes of determining the penalty for a subsequent offense.
History:
1963 c 753 art 1 s 609.13; 1971 c 937 s 21; 1986 c 435 s 6; 1986 c 444; 1993 c 326 art 2 s 10
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.131 — Certification Of Misdemeanor As Petty Misdemeanor.

609.131 CERTIFICATION OF MISDEMEANOR AS PETTY MISDEMEANOR.
Subdivision 1.
General rule.
Except as provided in subdivision 2, an alleged misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney believes that it is in the interest of justice that the defendant not be imprisoned if convicted and certifies that belief to the court at or before the time of arraignment or pretrial hearing, and the court approves of the certification motion. Prior to the appointment of a public defender to represent a defendant charged with a misdemeanor, the court shall inquire of the prosecutor whether the prosecutor intends to certify the case as a petty misdemeanor. The defendant's consent to the certification is not required. When an offense is certified as a petty misdemeanor under this section, the defendant is not eligible for the appointment of a public defender.
Subd. 1a.
[Repealed, 1993 c 326 art 4 s 40]
Subd. 2.
Certain violations excepted.
Subdivision 1 does not apply to a misdemeanor violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision 6; 609.224; 609.2242; 609.226; 609.52; or 617.23, or an ordinance that conforms in substantial part to any of those sections. A violation described in this subdivision must be treated as a misdemeanor unless the defendant consents to the certification of the violation as a petty misdemeanor.
Subd. 3.
Use of conviction for enhancement.
Notwithstanding any other law, a conviction for a violation that was originally charged as a misdemeanor and was treated as a petty misdemeanor under subdivision 1 or the Rules of Criminal Procedure may not be used as the basis for charging a subsequent violation as a gross misdemeanor rather than a misdemeanor.
History:
1987 c 329 s 6; 1992 c 513 art 4 s 48; 1995 c 259 art 3 s 8; 2000 c 478 art 2 s 7; 2010 c 366 s 15; 2012 c 187 art 1 s 71; 2012 c 212 s 8; 1Sp2021 c 11 art 2 s 30
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.132 — Continuance For Dismissal.

609.132 CONTINUANCE FOR DISMISSAL.
The decision to offer or agree to a continuance of a criminal prosecution is an exercise of prosecutorial discretion resting solely with the prosecuting attorney.
History:
1994 c 636 art 2 s 15
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.1351 — Petition For Civil Commitment.

609.1351 PETITION FOR CIVIL COMMITMENT.
When a court sentences a person under section 609.342, 609.343, 609.344, 609.345, 609.3453, or 609.3455, subdivision 3a, the court shall make a preliminary determination whether in the court's opinion a petition under chapter 253D may be appropriate and include the determination as part of the sentencing order. If the court determines that a petition may be appropriate, the court shall forward its preliminary determination along with supporting documentation to the county attorney.
History:
1989 c 290 art 4 s 9; 1992 c 571 art 3 s 7; 1Sp1994 c 1 art 2 s 32; 1998 c 367 art 6 s 15; 2005 c 136 art 4 s 5; 2006 c 260 art 1 s 47; 2013 c 49 s 22
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.145 — Credit For Prior Imprisonment.

609.145 CREDIT FOR PRIOR IMPRISONMENT.
Subdivision 1.
Prior imprisonment reduction.
When a person has been imprisoned pursuant to a conviction which is set aside and is thereafter convicted of a crime growing out of the same act or omission, the period of imprisonment to which the person is sentenced is reduced by the period of the prior imprisonment and the time earned thereby in diminution of sentence.
Subd. 2.
Reduction for time served before commitment to commissioner.
A sentence of imprisonment upon conviction of a felony is reduced by the period of confinement of the defendant following the conviction and before the defendant's commitment to the commissioner of corrections for execution of sentence unless the court otherwise directs.
Subd. 3.
Credit.
When a person is to be committed to the commissioner, the person's probation officer must provide to the court, prior to the sentencing hearing, the amount of time the person has in credit for prior imprisonment. The court must pronounce credit for prior imprisonment at the time of sentencing.
History:
1963 c 753 art 1 s 609.145; 1978 c 723 art 1 s 14; 1986 c 444; 1Sp2003 c 2 art 5 s 11
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.15 — Multiple Sentences.

609.15 MULTIPLE SENTENCES.
Subdivision 1.
Concurrent, consecutive sentences; specification requirement.
(a) Except as provided in paragraph (c), when separate sentences of imprisonment are imposed on a defendant for two or more crimes, whether charged in a single indictment or information or separately, or when a person who is under sentence of imprisonment in this state is being sentenced to imprisonment for another crime committed prior to or while subject to such former sentence, the court in the later sentences shall specify whether the sentences shall run concurrently or consecutively. If the court does not so specify, the sentences shall run concurrently.
(b) When a court imposes sentence for a misdemeanor or gross misdemeanor offense and specifies that the sentence shall run consecutively to any other sentence, the court may order the defendant to serve time in custody for the consecutive sentence in addition to any time in custody the defendant may be serving for any other offense, including probationary jail time or imprisonment for any felony offense.
(c) An inmate of a state prison who is convicted of committing an assault within the correctional facility is subject to the consecutive sentencing provisions of section 609.2232.
Subd. 2.
Limit on sentences; misdemeanor and gross misdemeanor.
If the court specifies that the sentence shall run consecutively and all of the sentences are for misdemeanors, the total of the sentences shall not exceed one year. If the sentences are for a gross misdemeanor and one or more misdemeanors, the total of the sentences shall not exceed two years. If all of the sentences are for gross misdemeanors, the total of the sentences shall not exceed four years.
History:
1963 c 753 art 1 s 609.15; 1992 c 571 art 2 s 8; 1993 c 326 art 13 s 26; 1994 c 615 s 25; 1997 c 239 art 3 s 8; art 9 s 35; 1Sp1997 c 2 s 63; 1999 c 194 s 10
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.153 — Increased Penalties For Certain Misdemeanors.

609.153 INCREASED PENALTIES FOR CERTAIN MISDEMEANORS.
Subdivision 1.
Application.
This section applies to the following misdemeanor-level crimes: sections 152.093 (manufacture or delivery of drug paraphernalia prohibited); 152.095 (advertisement of drug paraphernalia prohibited); 609.324 (prostitution); 609.3243 (loitering with intent to participate in prostitution); 609.546 (motor vehicle tampering); 609.595 (damage to property); and 609.66 (dangerous weapons); misdemeanor-level violations of section 609.605 (trespass); and violations of local ordinances prohibiting the unlawful sale or possession of controlled substances.
Subd. 2.
Custodial arrest.
Notwithstanding rule 6.01 of the Rules of Criminal Procedure, a peace officer acting without a warrant who has decided to proceed with the prosecution of a person for committing a crime described in subdivision 1 may arrest and take the person into custody if the officer has reason to believe the person has a prior conviction for any crime described in subdivision 1.
Subd. 3.
Increased penalty.
Notwithstanding the statutory maximum penalty otherwise applicable to the offense, a person who commits a misdemeanor-level crime described in subdivision 1 is guilty of a gross misdemeanor if the court determines at the time of sentencing that the person has two or more prior convictions in this or any other state for any of the crimes described in subdivision 1.
Subd. 4.
Notice to complaining witness.
A prosecuting authority who is responsible for filing charges against or prosecuting a person arrested under the circumstances described in subdivision 2 shall make reasonable efforts to notify the complaining witness of the final outcome of the criminal proceeding that resulted from the arrest including, where appropriate, the decision to dismiss or not file charges against the arrested person.
History:
1997 c 239 art 3 s 9; 2006 c 260 art 1 s 14
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.17 — Attempts.

609.17 ATTEMPTS.
Subdivision 1.
Crime defined.
Whoever, with intent to commit a crime, does an act which is a substantial step toward, and more than preparation for, the commission of the crime is guilty of an attempt to commit that crime, and may be punished as provided in subdivision 4.
Subd. 2.
Act defined.
An act may be an attempt notwithstanding the circumstances under which it was performed or the means employed to commit the crime intended or the act itself were such that the commission of the crime was not possible, unless such impossibility would have been clearly evident to a person of normal understanding.
Subd. 3.
Defense.
It is a defense to a charge of attempt that the crime was not committed because the accused desisted voluntarily and in good faith and abandoned the intention to commit the crime.
Subd. 4.
Penalties.
Whoever attempts to commit a crime may be sentenced as follows:
(1) if the maximum sentence provided for the crime is life imprisonment, to not more than 20 years; or
(2) for any other attempt, to not more than one-half of the maximum imprisonment or fine or both provided for the crime attempted, but such maximum in any case shall not be less than imprisonment for 90 days or a fine of $100.
History:
1963 c 753 art 1 s 609.17; 1986 c 444
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.175 — Conspiracy.

609.175 CONSPIRACY.
Subdivision 1.
To cause arrest or prosecution.
Whoever conspires with another to cause a third person to be arrested or prosecuted on a criminal charge knowing the charge to be false is guilty of a misdemeanor.
Subd. 2.
To commit crime.
Whoever conspires with another to commit a crime and in furtherance of the conspiracy one or more of the parties does some overt act in furtherance of such conspiracy may be sentenced as follows:
(1) if the crime intended is a misdemeanor, by a sentence to imprisonment for not more than 90 days or to payment of a fine of not more than $300, or both; or
(2) if the crime intended is murder in the first degree or treason, to imprisonment for not more than 20 years; or
(3) if the crime intended is any other felony or a gross misdemeanor, to imprisonment or to payment of a fine of not more than one-half the imprisonment or fine provided for that felony or gross misdemeanor or both.
Subd. 3.
Application of section jurisdiction.
This section applies if:
(1) the defendant in this state conspires with another outside of this state; or
(2) the defendant outside of this state conspires with another in this state; or
(3) the defendant outside of this state conspires with another outside of this state and an overt act in furtherance of the conspiracy is committed within this state by either of them; or
(4) the defendant in this state conspires with another in this state.
History:
1963 c 753 art 1 s 609.175; 1971 c 23 s 37,38; 1975 c 279 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.18 — Definition.

609.18 DEFINITION.
For the purposes of sections 609.185, 609.19, 609.2661, and 609.2662, "premeditation" means to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.
History:
1963 c 753 art 1 s 609.18; 1986 c 388 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.19 — Murder In The Second Degree.

609.19 MURDER IN THE SECOND DEGREE.
Subdivision 1.
Intentional murder; drive-by shootings.
Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or
(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).
Subd. 2.
Unintentional murders.
Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, "order for protection" includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.
History:
1963 c 753 art 1 s 609.19; 1981 c 227 s 10; 1992 c 571 art 4 s 6; 1995 c 226 art 2 s 16; 1996 c 408 art 4 s 8; 1998 c 367 art 2 s 8; 2015 c 21 art 1 s 99
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.195 — Murder In The Third Degree.

609.195 MURDER IN THE THIRD DEGREE.
(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years.
(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
History:
1963 c 753 art 1 s 609.195; 1977 c 130 s 3; 1981 c 227 s 11; 1987 c 176 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.20 — Manslaughter In The First Degree.

609.20 MANSLAUGHTER IN THE FIRST DEGREE.
Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:
(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;
(2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;
(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;
(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V; or
(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.
As used in this section, a "person of ordinary self-control" does not include a person under the influence of intoxicants or a controlled substance.
History:
1963 c 753 art 1 s 609.20; 1981 c 227 s 12; 1984 c 628 art 3 s 3; 1986 c 444; 1987 c 176 s 2; 1988 c 604 s 1; 1995 c 244 s 13; 1996 c 408 art 3 s 13
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.205 — Manslaughter In The Second Degree.

609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or
(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.
History:
1963 c 753 art 1 s 609.205; 1984 c 628 art 3 s 11; 1985 c 294 s 6; 1986 c 444; 1989 c 290 art 6 s 5; 1995 c 244 s 14
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.2111 — Definitions.

609.2111 DEFINITIONS.
(a) For purposes of sections 609.2111 to 609.2114, the terms defined in this subdivision have the meanings given them.
(b) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes attached trailers.
(c) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(d) "Intoxicating substance" has the meaning given in section 169A.03, subdivision 11a.
(e) "Qualified prior driving offense" includes a prior conviction:
(1) for a violation of section 169A.20 under the circumstances described in section 169A.24 or 169A.25;
(2) under section 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); 609.2113, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to (6); or 609.2114, subdivision 1, paragraph (a), clauses (2) to (6); or 2, clauses (2) to (6);
(3) under Minnesota Statutes 2012, section 609.21, subdivision 1, clauses (2) to (6); or
(4) under Minnesota Statutes 2006, section 609.21, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); 2a, clauses (2) to (6); 2b, clauses (2) to (6); 3, clauses (2) to (6); or 4, clauses (2) to (6).
(f) "Artificially derived cannabinoid" has the meaning given in section 342.01, subdivision 6.
(g) "Cannabis flower" has the meaning given in section 342.01, subdivision 16.
(h) "Cannabis product" has the meaning given in section 342.01, subdivision 20.
(i) "Hemp-derived consumer product" has the meaning given in section 342.01, subdivision 37.
(j) "Lower-potency hemp edible" has the meaning given in section 342.01, subdivision 50.
History:
1990 c 602 art 4 s 1; 1996 c 442 s 33; 2007 c 54 art 3 s 11; 2014 c 180 s 6,9; 2016 c 109 s 1; 2018 c 195 art 3 s 18; 2020 c 83 art 1 s 90; 2023 c 63 art 4 s 38
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.2112 — Criminal Vehicular Homicide.

609.2112 CRIMINAL VEHICULAR HOMICIDE.
Subdivision 1.
Criminal vehicular homicide.
(a) Except as provided in paragraph (b), a person is guilty of criminal vehicular homicide and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the person causes the death of a human being not constituting murder or manslaughter as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance;
(iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or
(iv) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;
(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the collision leaves the scene of the collision in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.
(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory maximum sentence of imprisonment is 15 years.
Subd. 2.
Affirmative defense.
It shall be an affirmative defense to a charge under subdivision 1, clause (6), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.
History:
1963 c 753 art 1 s 609.21; 1983 c 12 s 1; 1984 c 622 s 24; 1984 c 628 art 3 s 4,11; 1989 c 290 art 6 s 6; art 10 s 7; 1990 c 602 art 4 s 1; 1996 c 408 art 3 s 14; 1996 c 442 s 33; 2004 c 283 s 13; 2007 c 54 art 3 s 7,8,10; 2014 c 180 s 4,9; 2014 c 186 s 2; 2016 c 109 s 2; 2018 c 195 art 3 s 19; 2023 c 63 art 4 s 39
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.215 — Suicide.

609.215 SUICIDE.
Subdivision 1.
Aiding suicide.
Whoever intentionally advises, encourages, or assists another in taking the other's own life may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both.
[See Note.]
Subd. 2.
Aiding attempted suicide.
Whoever intentionally advises, encourages, or assists another who attempts but fails to take the other's own life may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.
Subd. 3.
Acts or omissions not considered aiding suicide or aiding attempted suicide.
(a) A health care provider, as defined in section 145B.02, subdivision 6, who administers, prescribes, or dispenses medications or procedures to relieve another person's pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, does not violate this section unless the medications or procedures are knowingly administered, prescribed, or dispensed to cause death.
(b) A health care provider, as defined in section 145B.02, subdivision 6, who withholds or withdraws a life-sustaining procedure in compliance with chapter 145B or 145C or in accordance with reasonable medical practice does not violate this section.
Subd. 4.
Injunctive relief.
A cause of action for injunctive relief may be maintained against any person who is reasonably believed to be about to violate or who is in the course of violating this section by any person who is:
(1) the spouse, parent, child, or sibling of the person who would commit suicide;
(2) an heir or a beneficiary under a life insurance policy of the person who would commit suicide;
(3) a health care provider of the person who would commit suicide;
(4) a person authorized to prosecute or enforce the laws of this state; or
(5) a legally appointed guardian or conservator of the person who would have committed suicide.
Subd. 5.
Civil damages.
A person given standing by subdivision 4, clause (1), (2), or (5), or the person who would have committed suicide, in the case of an attempt, may maintain a cause of action against any person who violates or who attempts to violate subdivision 1 or 2 for compensatory damages and punitive damages as provided in section 549.20. A person described in subdivision 4, clause (4), may maintain a cause of action against a person who violates or attempts to violate subdivision 1 or 2 for a civil penalty of up to $50,000 on behalf of the state. An action under this subdivision may be brought whether or not the plaintiff had prior knowledge of the violation or attempt.
Subd. 6.
Attorney fees.
Reasonable attorney fees shall be awarded to the prevailing plaintiff in a civil action brought under subdivision 4 or 5.
History:
1963 c 753 art 1 s 609.215; 1984 c 628 art 3 s 11; 1986 c 444; 1992 c 577 s 6-9; 1998 c 399 s 37
NOTE:
The words "advises" and "encourages" were severed from subdivision 1 as unconstitutional in
State v. Melchert-Dinkel
, 844 N.W.2d 13 (Minn. 2014).
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.222 — Assault In The Second Degree.

609.222 ASSAULT IN THE SECOND DEGREE.
Subdivision 1.
Dangerous weapon.
Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both.
Subd. 2.
Dangerous weapon; substantial bodily harm.
Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
History:
1979 c 258 s 5; 1984 c 628 art 3 s 11; 1985 c 53 s 1; 1989 c 290 art 6 s 9; 1992 c 571 art 4 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.223 — Assault In The Third Degree.

609.223 ASSAULT IN THE THIRD DEGREE.
Subdivision 1.
Substantial bodily harm.
Whoever assaults another and inflicts substantial bodily harm 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.
Subd. 2.
Past pattern of child abuse.
Whoever assaults a minor 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, if the perpetrator has engaged in a past pattern of child abuse against the minor. As used in this subdivision, "child abuse" has the meaning given it in section 609.185, paragraph (a), clause (5).
Subd. 3.
Felony; victim under four.
Whoever assaults a victim under the age of four, and causes bodily harm to the child's head, eyes, or neck, or otherwise causes multiple bruises to the body, 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.
History:
1979 c 258 s 6; 1984 c 628 art 3 s 11; 1989 c 290 art 6 s 10; 1990 c 542 s 17; 1994 c 636 art 2 s 20; 2015 c 21 art 1 s 100
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.2232 — Consecutive Sentences For Assaults Committed By State Prison Inmates.

609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY STATE PRISON INMATES.
If an inmate of a state correctional facility is convicted of violating section 609.221, 609.222, 609.223, 609.2231, or 609.224, while confined in the facility, the sentence imposed for the assault shall be executed and run consecutively to any unexpired portion of the offender's earlier sentence. The inmate is not entitled to credit against the sentence imposed for the assault for time served in confinement for the earlier sentence. The inmate shall serve the sentence for the assault in a state correctional facility even if the assault conviction was for a misdemeanor or gross misdemeanor.
History:
1997 c 239 art 9 s 37
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.2233 — Felony Assault Motivated By Bias; Increased Statutory Maximum Sentence.

609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM SENTENCE.
A person who violates section 609.221, 609.222, or 609.223 in whole or in substantial part because of the victim's or another person's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable.
History:
2016 c 189 art 4 s 14; 2023 c 52 art 4 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.2241 — Knowing Transfer Of Communicable Disease.

609.2241 KNOWING TRANSFER OF COMMUNICABLE DISEASE.
Subdivision 1.
Definitions.
As used in this section, the following terms have the meanings given:
(a) "Communicable disease" means a disease or condition that causes serious illness, serious disability, or death; the infectious agent of which may pass or be carried from the body of one person to the body of another through direct transmission.
(b) "Direct transmission" means predominately sexual or blood-borne transmission.
(c) "A person who knowingly harbors an infectious agent" refers to a person who receives from a physician or other health professional:
(1) advice that the person harbors an infectious agent for a communicable disease;
(2) educational information about behavior which might transmit the infectious agent; and
(3) instruction of practical means of preventing such transmission.
(d) "Transfer" means to engage in behavior that has been demonstrated epidemiologically to be a mode of direct transmission of an infectious agent which causes the communicable disease.
(e) "Sexual penetration" means any of the acts listed in section 609.341, subdivision 12, when the acts described are committed without the use of a latex or other effective barrier.
Subd. 2.
Crime.
It is a crime, which may be prosecuted under section 609.17, 609.185, 609.19, 609.221, 609.222, 609.223, 609.2231, or 609.224, for a person who knowingly harbors an infectious agent to transfer, if the crime involved:
(1) sexual penetration with another person without having first informed the other person that the person has a communicable disease;
(2) transfer of blood, sperm, organs, or tissue, except as deemed necessary for medical research or if disclosed on donor screening forms; or
(3) sharing of nonsterile syringes or needles for the purpose of injecting drugs.
Subd. 3.
Affirmative defense.
It is an affirmative defense to prosecution, if it is proven by a preponderance of the evidence, that:
(1) the person who knowingly harbors an infectious agent for a communicable disease took practical means to prevent transmission as advised by a physician or other health professional; or
(2) the person who knowingly harbors an infectious agent for a communicable disease is a health care provider who was following professionally accepted infection control procedures.
Nothing in this section shall be construed to be a defense to a criminal prosecution that does not allege a violation of subdivision 2.
Subd. 4.
Health Department data.
Data protected by section 13.3805, subdivision 1, and information collected as part of a Health Department investigation under sections 144.4171 to 144.4186 may not be accessed or subpoenaed by law enforcement authorities or prosecutors without the consent of the subject of the data.
History:
1995 c 226 art 2 s 17; 1999 c 227 s 22
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.2243 — Sentencing; Repeat Domestic Assault.

609.2243 SENTENCING; REPEAT DOMESTIC ASSAULT.
Subdivision 1.
Gross misdemeanor.
A person convicted of gross misdemeanor domestic assault under section 609.2242, subdivision 2, shall be sentenced to a minimum of 20 days imprisonment, at least 96 hours of which must be served consecutively. The court may stay execution of the minimum sentence required under this subdivision on the condition that the person sentenced complete anger therapy or counseling and fulfill any other condition, as ordered by the court; provided, however, that the court shall revoke the stay of execution and direct the person to be taken into immediate custody if it appears that the person failed to attend or complete the ordered therapy or counseling, or violated any other condition of the stay of execution. If the court finds at the revocation hearing required under section 609.14, subdivision 2, that the person failed to attend or complete the ordered therapy, or violated any other condition of the stay of execution, the court shall order execution of the sentence previously imposed.
Subd. 2.
Felony.
(a) Except as otherwise provided in paragraph (b), in determining an appropriate disposition for felony domestic assault under section 609.2242, subdivision 4, the court shall presume that a stay of execution with at least a 45-day period of incarceration as a condition of probation shall be imposed. If the court imposes a stay of execution with a period of incarceration as a condition of probation, at least 15 days must be served consecutively.
(b) If the defendant's criminal history score, determined according to the Sentencing Guidelines, indicates a presumptive executed sentence, that sentence shall be imposed unless the court departs from the Sentencing Guidelines pursuant to section 244.10. A stay of imposition of sentence under this paragraph may be granted only if accompanied by a statement on the record of the reasons for it.
History:
1996 c 408 art 3 s 23
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.2245 — Female Genital Mutilation; Penalties.

609.2245 FEMALE GENITAL MUTILATION; PENALTIES.
Subdivision 1.
Crime.
Except as otherwise permitted in subdivision 2, whoever knowingly circumcises, excises, or infibulates, in whole or in part, the labia majora, labia minora, or clitoris of another is guilty of a felony. Consent to the procedure by a minor on whom it is performed or by the minor's parent is not a defense to a violation of this subdivision.
Subd. 2.
Permitted activities.
A surgical procedure is not a violation of subdivision 1 if the procedure:
(1) is necessary to the health of the person on whom it is performed and is performed by: (i) a physician licensed under chapter 147; (ii) a physician in training under the supervision of a licensed physician; or (iii) a certified nurse midwife practicing within the nurse midwife's legal scope of practice; or
(2) is performed on a person who is in labor or who has just given birth and is performed for medical purposes connected with that labor or birth: (i) by a physician licensed under chapter 147; (ii) a physician in training under the supervision of a licensed physician; or (iii) a certified nurse midwife practicing within the nurse midwife's legal scope of practice.
History:
1994 c 636 art 2 s 22; 1997 c 239 art 3 s 11
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.2247 — Domestic Assault By Strangulation.

609.2247 DOMESTIC ASSAULT BY STRANGULATION.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the meanings given.
(b) "Family or household members" has the meaning given in section 518B.01, subdivision 2.
(c) "Strangulation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.
Subd. 2.
Crime.
Unless a greater penalty is provided elsewhere, whoever assaults a family or household member by strangulation is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
History:
2005 c 136 art 17 s 13
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.226 — Harm Caused By Dog.

609.226 HARM CAUSED BY DOG.
Subdivision 1.
Great or substantial bodily harm.
A person who causes great or substantial bodily harm to another by negligently or intentionally permitting any dog to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined is guilty of a misdemeanor. A person who is convicted of a second or subsequent violation of this section involving the same dog is guilty of a gross misdemeanor.
Subd. 2.
Dangerous dogs.
If the owner of a dangerous dog, as defined under section 347.50, subdivision 2, has been convicted of a misdemeanor under section 347.55, and the same dog causes bodily injury to a person other than the owner, the owner is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
Subd. 3.
Defense.
If proven by a preponderance of the evidence, it shall be an affirmative defense to liability under subdivision 1 or 2 that the victim provoked the dog to cause the victim's bodily harm.
Subd. 4.
Harm to service animal caused by dog; crime, mandatory restitution.
(a) As used in this subdivision, "service animal" means an animal individually trained or being trained to do work or perform tasks for the benefit of an individual with a disability.
(b) A person who negligently or intentionally (1) permits the person's dog to run uncontrolled off the person's premises, or (2) fails to keep the person's dog properly confined or controlled; and as a result the dog causes bodily harm to a service animal or otherwise renders a service animal unable to perform its duties, is guilty of a misdemeanor.
(c) The court shall order a person convicted of violating this subdivision to pay restitution for the costs and expenses resulting from the crime. Costs and expenses include, but are not limited to, the service animal user's loss of income, veterinary expenses, transportation costs, and other expenses of temporary replacement assistance services, and service animal replacement or retraining costs incurred by a school, agency, or individual. If the court finds that the convicted person is indigent, the court may reduce the amount of restitution to a reasonable level or order it paid in installments.
(d) This subdivision does not preclude a person from seeking any available civil remedies for an act that violates this subdivision.
History:
1985 c 294 s 7; 1988 c 711 s 8; 1989 c 37 s 13; 2004 c 159 s 1,2; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.227 — Dangerous Animals Destroyed.

609.227 DANGEROUS ANIMALS DESTROYED.
When a person has been charged with a violation of section 609.205, clause (4), or 609.226, subdivision 2 or 3, or a gross misdemeanor violation of section 609.226, subdivision 1, the court shall order that the animal which caused the death or injury be seized by the appropriate local law enforcement agency. The animal shall be killed in a proper and humane manner if the person has been convicted of the crime for which the animal was seized. The owner of the animal shall pay the cost of confining and killing the animal. This section shall not preempt local ordinances with more restrictive provisions.
History:
1985 c 294 s 8; 1988 c 711 s 9
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.228 — Great Bodily Harm Caused By Distribution Of Drugs.

609.228 GREAT BODILY HARM CAUSED BY DISTRIBUTION OF DRUGS.
Whoever proximately causes great bodily harm by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
History:
1987 c 176 s 3
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.229 — Crime Committed For Benefit Of Gang.

609.229 CRIME COMMITTED FOR BENEFIT OF GANG.
Subdivision 1.
Definition.
As used in this section, "criminal gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that:
(1) has, as one of its primary activities, the commission of one or more of the offenses listed in section 609.11, subdivision 9;
(2) has a common name or common identifying sign or symbol; and
(3) includes members who individually or collectively engage in or have engaged in a pattern of criminal activity.
Subd. 2.
Crimes.
A person who commits a crime for the benefit of, at the direction of, in association with, or motivated by involvement with a criminal gang, with the intent to promote, further, or assist in criminal conduct by gang members is guilty of a crime and may be sentenced as provided in subdivision 3.
Subd. 3.
Penalty.
(a) If the crime committed in violation of subdivision 2 is a felony, the statutory maximum for the crime is five years longer than the statutory maximum for the underlying crime. If the crime committed in violation of subdivision 2 is a felony, and the victim of the crime is a child under the age of 18 years, the statutory maximum for the crime is ten years longer than the statutory maximum for the underlying crime.
(b) If the crime committed in violation of subdivision 2 is a misdemeanor, the person is guilty of a gross misdemeanor.
(c) If the crime committed in violation of subdivision 2 is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $15,000, or both.
Subd. 4.
Mandatory minimum sentence.
(a) Unless a longer mandatory minimum sentence is otherwise required by law, or the court imposes a longer aggravated durational departure, or a longer prison sentence is presumed under the Sentencing Guidelines and imposed by the court, a person convicted of a crime described in subdivision 3, paragraph (a), shall be committed to the custody of the commissioner of corrections for not less than one year plus one day.
(b) Any person convicted and sentenced as required by paragraph (a) is not eligible for probation, parole, discharge, work release, or supervised release until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 242.19, 243.05, 244.04, 609.12, and 609.135.
History:
1991 c 279 s 30; 1993 c 326 art 13 s 29; 1998 c 367 art 2 s 9-11; 2005 c 136 art 17 s 14
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.23 — Mistreatment Of Persons Confined.

609.23 MISTREATMENT OF PERSONS CONFINED.
Whoever, being in charge of or employed in any institution, whether public or private, intentionally abuses or ill-treats any person confined therein who is mentally or physically disabled or who is involuntarily confined therein by order of court or other duly constituted authority may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
1963 c 753 art 1 s 609.23; 1984 c 628 art 3 s 11; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.231 — Mistreatment Of Residents Or Patients.

609.231 MISTREATMENT OF RESIDENTS OR PATIENTS.
Whoever, being in charge of or employed in any facility required to be licensed under the provisions of sections 144.50 to 144.58, or 144A.02, intentionally abuses, ill-treats, or culpably neglects any patient or resident therein to the patient's or resident's physical detriment may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
History:
1973 c 688 s 9; 1976 c 173 s 60; 1984 c 628 art 3 s 11; 1986 c 444; 2023 c 52 art 6 s 16