reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.27 — Dedication; Easement.

604A.27 DEDICATION; EASEMENT.
No dedication of any land in connection with any use by any person for a recreational purpose takes effect in consequence of the exercise of that use for any length of time except as expressly permitted or provided in writing by the owner, nor shall the grant of permission for the use by the owner grant to any person an easement or other property right in the land except as expressly provided in writing by the owner.
History:
1994 c 623 art 4 s 8
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.301 — Limited Liability For Certain Nonprofit Treatment Facilities.

604A.301 LIMITED LIABILITY FOR CERTAIN NONPROFIT TREATMENT FACILITIES.
Subdivision 1.
Limit on amount of liability.
A treatment facility organized as a nonprofit corporation under chapter 317A that accepts individuals for treatment under a court order or an order of the commissioner of corrections as part of an adult or juvenile corrections program is subject to the same liability limits provided for state agencies under section 3.736, subdivision 4, with respect to claims against the facility arising out of the treatment of those individuals or the activities of those individuals while in the care of the program, if the treatment facility procures insurance against liability for claims described under this section, which insurance is in an amount equal to the greater of $500,000 per claim or occurrence or the amounts specified for the state under section 3.736, subdivision 4. This section does not apply if the conduct of a facility was intentional or grossly negligent.
Subd. 2.
Effect of excess liability insurance.
Notwithstanding subdivision 1, if a treatment facility has insurance coverage in excess of the liability limits under section 3.736, subdivision 4, the procurement of that insurance constitutes a waiver of those limits but only to the extent that valid and collectible insurance exceeds those limits and covers a claim. The purchase of excess insurance has no other effect on the liability of the treatment facility.
History:
1998 c 336 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.302 — Assistance Animal Access To Real Property; Property Owner Immunity From Liability.

604A.302 ASSISTANCE ANIMAL ACCESS TO REAL PROPERTY; PROPERTY OWNER IMMUNITY FROM LIABILITY.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Assistance animal" means an animal that assists, supports, or provides a service to a person with a disability.
(c) "Owner" means the owner of real property, a contract for deed vendee, receiver, personal representative, trustee, lessor, lessee, agent, or other person directly or indirectly in control of the real property.
(d) "Real property" includes any physical location or portion of real property that federal or state law or local ordinance requires to be accessible to a person with a disability who is using an assistance animal.
Subd. 2.
Immunity.
An owner of real property is not liable for any injury or damage caused by an assistance animal if:
(1) the owner believes in good faith that the animal is an assistance animal or the individual using the assistance animal represents that the animal is an assistance animal; and
(2) the injury or damage is not caused by the negligence of the owner of the real property and the owner is not liable under section 347.22.
History:
2018 c 106 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.31 — Miscellaneous Public Benefit Or Function.

604A.31 MISCELLANEOUS PUBLIC BENEFIT OR FUNCTION.
Subdivision 1.
Nursing home receivers.
Certain nursing home receivers are immune from personal liability as provided in section 144A.15, subdivision 4.
Subd. 2.
Health care review organizations.
Certain persons involved in health care review organization activities are immune from liability as provided in section 145.63.
Subd. 2a.
Prescriptions for released persons.
A physician, physician assistant, certified nurse practitioner, or clinical nurse specialist in psychiatric and mental health nursing who prescribes drugs for a prisoner or committed person is immune from liability for conduct of that person related to the use or nonuse of medicine as provided in section 147.231.
Subd. 3.
Background checks.
(a) Certain persons who issue certificates in conjunction with gun permit background checks are immune from liability as provided in section 624.713, subdivision 1.
(b) Employers who provide information in conjunction with background investigations of applicants for employment with a law enforcement agency are immune from civil liability as provided in section 626.87, subdivision 4.
Subd. 4.
Firefighter and peace officer investigations.
Employers who provide information in conjunction with employment investigations of applicants for fire protection service positions or peace officer positions are immune from civil liability as provided in section 299F.036, subdivision 4, or 626.87.
History:
1994 c 623 art 4 s 10; 1997 c 214 s 3; 1999 c 197 s 2; 2006 c 266 s 3; 2014 c 291 art 4 s 58
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.32 — Alternative Dispute Resolution Immunity.

604A.32 ALTERNATIVE DISPUTE RESOLUTION IMMUNITY.
A person presiding at an alternative dispute resolution proceeding is not subject to civil liability for the person's conduct in presiding over the proceeding, except for injury caused by malice, bad faith, or reckless conduct. This section does not restrict or affect immunity from liability that may be available under other law.
History:
1997 c 29 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604A — Civil Liability Limitations › Section 604A.35 — Public Notification Of Emergency.

604A.35 PUBLIC NOTIFICATION OF EMERGENCY.
(a) A person who notifies the public of an emergency via a medium of mass communications including, without limitation, radio, television, cable television, or Internet, is not liable for civil damages resulting from acts or omissions by that person in making the notification, unless the person acts in bad faith or recklessly in providing the notification.
(b) For purposes of this section, notifying the public of an emergency includes a notification made through the Emergency Alert System, a notification made through the Amber Alert System, or a notification requested by a government entity.
History:
2003 c 65 s 1
2023 Minnesota Statutes › Chapters 604 - 605 — Civil Actions › Chapter 604B — Immunity For Year 2000 Activities › Section 604B.04 — Year 2000 Activities; Immunity.

604B.04 YEAR 2000 ACTIVITIES; IMMUNITY.
Subdivision 1.
Definitions.
For the purpose of this section, the terms defined in this section have the meanings given them.
Subd. 2.
Association.
"Association" means a trade, professional, governmental, or similar organization the members of which are individuals, enterprises, or governmental units engaged in similar lines of business, services, or activity.
Subd. 3.
State agency.
"State agency" means the University of Minnesota, Minnesota State Colleges and Universities, and the departments, boards, agencies, and commissions in the executive, judicial, and legislative branches.
Subd. 4.
Year 2000 solution information.
"Year 2000 solution information" means information related to solutions that address the inability of computer systems, software, or electronically controlled devices to recognize certain dates in 1999 and after December 31, 1999. That inability may cause disruptions in electronic communications or the functioning of electronically controlled equipment resulting or reasonably anticipated to result from erroneous data that is or may be supplied by electronic devices.
Subd. 5.
Association and related immunity.
No cause of action may be maintained against an association for damages or harm resulting from the collection of year 2000 solution information or the publication of that information or against any person or entity for providing year 2000 solution information to the association.
Subd. 6.
State agency immunity.
No cause of action may be maintained against a state agency for damages or harm resulting from the collection of year 2000 solution information or the publication of that information.
Subd. 7.
Governmental unit immunity.
No cause of action may be maintained against a governmental unit as defined in section 462.384, subdivision 2, including governmental units acting jointly under section 471.59, for damages or harm resulting from the collection, publication, or dissemination of year 2000 solution information to other governmental units or to the Metropolitan Council or agencies.
Subd. 8.
Exception.
Subdivisions 5 to 7 do not apply if the party against whom the claim is brought knew in fact that the year 2000 solution information provided was materially false.
Subd. 9.
No implied cause of action created.
No liability on the part of any person or any public or private entity is implied or created by this section by the absence of a grant of immunity under this section.
History:
1999 c 250 art 2 s 3
2023 Minnesota Statutes › Chapters 606 - 607 — Certiorari › Chapter 606 — Writ Of Certiorari › Section 606.01 — Certiorari, Within What Time Writ Issued.

606.01 CERTIORARI, WITHIN WHAT TIME WRIT ISSUED.
No writ of certiorari shall be issued, to correct any proceeding, unless such writ shall be issued within 60 days after the party applying for such writ shall have received due notice of the proceeding sought to be reviewed thereby. The party shall apply to the court of appeals for the writ.
History:
(9769) 1909 c 410 s 1; 1996 c 307 s 2
2023 Minnesota Statutes › Chapters 606 - 607 — Certiorari › Chapter 606 — Writ Of Certiorari › Section 606.04 — Costs.

606.04 COSTS.
The party prevailing on a writ of certiorari in any proceeding of a civil nature shall be entitled to costs against the adverse party. If the writ appears to have been brought for the purpose of delay or vexation, the court of appeals may award double costs to the prevailing party.
History:
(9772) 1909 c 410 s 4; 1983 c 247 s 206; 1986 c 444
2023 Minnesota Statutes › Chapters 606 - 607 — Certiorari › Chapter 606 — Writ Of Certiorari › Section 606.05 — Dismissal, Costs.

606.05 DISMISSAL, COSTS.
If any writ of certiorari shall hereafter be issued contrary to any provision of this chapter, or shall not be served upon the adverse party within such period of 60 days, the party against which the same is so issued may have the same dismissed on motion and affidavit showing the facts and shall be entitled to costs and disbursements the same as in other civil actions.
History:
(9773) 1909 c 410 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 606 - 607 — Certiorari › Chapter 606 — Writ Of Certiorari › Section 606.06 — Certiorari.

606.06 CERTIORARI.
A writ of certiorari for review of an administrative decision pursuant to chapter 14 or of an order publishing the proceedings, findings, or sentence of a court-martial pursuant to this code is a matter of right.
History:
1983 c 247 s 207; 2022 c 89 art 5 s 4
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.01 — Name And Construction.

609.01 NAME AND CONSTRUCTION.
Subdivision 1.
Purposes.
This chapter may be cited as the Criminal Code of 1963. Its provisions shall be construed according to the fair import of its terms, to promote justice, and to effect its purposes which are declared to be:
(1) to protect the public safety and welfare by preventing the commission of crime through the deterring effect of the sentences authorized, the rehabilitation of those convicted, and their confinement when the public safety and interest requires; and
(2) to protect the individual against the misuse of the criminal law by fairly defining the acts and omissions prohibited, authorizing sentences reasonably related to the conduct and character of the convicted person, and prescribing fair and reasonable postconviction procedures.
Subd. 2.
[Repealed, 1983 c 216 art 1 s 76]
History:
1963 c 753 art 1 s 609.01
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.015 — Scope And Effect.

609.015 SCOPE AND EFFECT.
Subdivision 1.
Common law crimes abolished.
Common law crimes are abolished and no act or omission is a crime unless made so by this chapter or by other applicable statute, but this does not prevent the use of common law rules in the construction or interpretation of the provisions of this chapter or other statute. Crimes committed prior to September 1, 1963, are not affected thereby.
Subd. 2.
Applicability.
Unless expressly stated otherwise, or the context otherwise requires, the provisions of this chapter also apply to crimes created by statute other than in this chapter.
History:
1963 c 753 art 1 s 609.015
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.025 — Jurisdiction Of State.

609.025 JURISDICTION OF STATE.
A person may be convicted and sentenced under the law of this state if the person:
(1) commits an offense in whole or in part within this state; or
(2) being without the state, causes, aids or abets another to commit a crime within the state; or
(3) being without the state, intentionally causes a result within the state prohibited by the criminal laws of this state.
It is not a defense that the defendant's conduct is also a criminal offense under the laws of another state or of the United States or of another country.
History:
1963 c 753 art 1 s 609.025; Ex1971 c 27 s 44; 1986 c 444
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.03 — Punishment When Not Otherwise Fixed.

609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.
If a person is convicted of a crime for which no punishment is otherwise provided the person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified term of not more than six months if the fine is not paid.
History:
1963 c 753 art 1 s 609.03; 1969 c 735 s 4; 1977 c 355 s 3; 1983 c 331 s 6; 1986 c 444; 2000 c 488 art 5 s 4; 2023 c 52 art 6 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.033 — Maximum Penalties; Misdemeanors.

609.033 MAXIMUM PENALTIES; MISDEMEANORS.
Any law of this state which provides for a maximum fine of $700 as a penalty for a misdemeanor shall, on or after August 1, 2000, be deemed to provide for a maximum fine of $1,000.
History:
1983 c 331 s 7; 2000 c 488 art 5 s 5
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.0331 — Maximum Penalties; Petty Misdemeanors.

609.0331 MAXIMUM PENALTIES; PETTY MISDEMEANORS.
A law of this state that provides, on or after August 1, 2000, for a maximum penalty of $200 for a petty misdemeanor is considered to provide for a maximum fine of $300.
History:
1987 c 329 s 4; 1992 c 464 art 1 s 49; 1994 c 636 art 2 s 13; 2000 c 488 art 5 s 6
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.0332 — Maximum Penalty; Petty Misdemeanor Ordinance Violations.

609.0332 MAXIMUM PENALTY; PETTY MISDEMEANOR ORDINANCE VIOLATIONS.
Subdivision 1.
Increased fine.
From August 1, 2000, if a state law or municipal charter sets a limit of $200 or less on the fines that a statutory or home rule charter city, town, county, or other political subdivision may prescribe for an ordinance violation that is defined as a petty misdemeanor, that law or charter is considered to provide that the political subdivision has the power to prescribe a maximum fine of $300 for the petty misdemeanor violation.
Subd. 2.
[Repealed, 1994 c 636 art 2 s 69]
History:
1987 c 329 s 5; 1991 c 199 art 2 s 1; 1994 c 636 art 2 s 14; 2000 c 488 art 5 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.034 — Maximum Penalty; Ordinance Violations.

609.034 MAXIMUM PENALTY; ORDINANCE VIOLATIONS.
Any law of this state or municipal charter which limits the power of any statutory or home rule charter city, town, county, or other political subdivision to prescribe a maximum fine of $700 or less for an ordinance shall on or after August 1, 2000, be deemed to provide that the statutory or home rule charter city, town, county, or other political subdivision has the power to prescribe a maximum fine of $1,000.
History:
1983 c 331 s 8; 2000 c 488 art 5 s 8
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.0341 — Maximum Fines For Gross Misdemeanors; Felonies.

609.0341 MAXIMUM FINES FOR GROSS MISDEMEANORS; FELONIES.
Subdivision 1.
Gross misdemeanors.
Any law of this state which provides for a maximum fine of $1,000 or for a maximum sentence of imprisonment of one year or which is defined as a gross misdemeanor shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $3,000 and for a maximum sentence of imprisonment of 364 days.
Subd. 2.
Felonies.
(a) Any law of this state which provides for a maximum fine of $2,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $4,000.
(b) Any law of this state which provides for a maximum fine of $3,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $5,000.
(c) Any law of this state which provides for a maximum fine of $5,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $10,000.
(d) Any law of this state which provides for a maximum fine of $7,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $14,000.
(e) Any law of this state which provides for a maximum fine of $10,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $20,000.
(f) Any law of this state which provides for a maximum fine of $15,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $30,000.
(g) Any law of this state which provides for a maximum fine of $20,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $35,000.
(h) Any law of this state which provides for a maximum fine of $25,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $40,000.
(i) Any law of this state which provides for a maximum fine of $30,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $45,000.
(j) Any law of this state which provides for a maximum fine of $40,000 shall, on or after August 1, 1983, be deemed to provide for a maximum fine of $50,000.
Subd. 3.
[Repealed, 1984 c 628 art 3 s 10]
History:
1983 c 331 s 9; 1993 c 326 art 13 s 19; 2023 c 52 art 6 s 16
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.0342 — Maximum Punishment For Gross Misdemeanors.

609.0342 MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
(a) Any law of this state that provides for a maximum sentence of imprisonment of one year or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine of $3,000 and a maximum sentence of imprisonment of 364 days.
(b) Any sentence of imprisonment for one year or 365 days imposed or executed before July 1, 2023, shall be deemed to be a sentence of imprisonment for 364 days. A court may at any time correct or reduce such a sentence pursuant to rule 27.03, subdivision 9, of the Rules of Criminal Procedure and shall issue a corrected sentencing order upon motion of any eligible defendant.
History:
2023 c 52 art 6 s 6
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.04 — Conviction Of Lesser Offense.

609.04 CONVICTION OF LESSER OFFENSE.
Subdivision 1.
Lesser offense prosecution.
Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both. An included offense may be any of the following:
(1) a lesser degree of the same crime; or
(2) an attempt to commit the crime charged; or
(3) an attempt to commit a lesser degree of the same crime; or
(4) a crime necessarily proved if the crime charged were proved; or
(5) a petty misdemeanor necessarily proved if the misdemeanor charge were proved.
Subd. 2.
Conviction; bar to prosecution.
A conviction or acquittal of a crime is a bar to further prosecution of any included offense, or other degree of the same crime.
History:
1963 c 753 art 1 s 609.04; Ex1971 c 27 s 45
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.041 — Proof Of Prior Convictions.

609.041 PROOF OF PRIOR CONVICTIONS.
In a criminal prosecution in which the degree of the crime or the penalty for the crime depends, in whole or in part, on proof of the existence of a prior conviction, if the defendant contests the existence of or factual basis for a prior conviction, proof of it is established by competent and reliable evidence, including a certified court record of the conviction.
History:
1988 c 520 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.045 — Foreign Conviction Or Acquittal.

609.045 FOREIGN CONVICTION OR ACQUITTAL.
If an act or omission in this state constitutes a crime under both the laws of this state and the laws of another jurisdiction, a conviction or acquittal of the crime in the other jurisdiction shall not bar prosecution for the crime in this state unless the elements of both law and fact are identical.
History:
1963 c 753 art 1 s 609.045; 1983 c 152 s 1
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.05 — Liability For Crimes Of Another.

609.05 LIABILITY FOR CRIMES OF ANOTHER.
Subdivision 1.
Aiding, abetting; liability.
A person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.
Subd. 2.
Expansive liability.
A person liable under subdivision 1 is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by the person as a probable consequence of committing or attempting to commit the crime intended.
Subd. 2a.
Exception.
(a) A person may not be held criminally liable for a violation of section 609.185, paragraph (a), clause (3), for a death caused by another unless the person intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the other with the intent to cause the death of a human being.
(b) A person may not be held criminally liable for a violation of section 609.19, subdivision 2, clause (1), for a death caused by another unless the person was a major participant in the underlying felony and acted with extreme indifference to human life.
(c) As used in this subdivision, "major participant" means a person who:
(1) used a deadly weapon during the commission of the underlying felony or provided a deadly weapon to another participant where it was reasonably foreseeable that the weapon would be used in the underlying felony;
(2) caused substantial bodily harm to another during the commission of the underlying felony;
(3) coerced or hired a participant to undertake actions in furtherance of the underlying felony that proximately caused the death, and where it was reasonably foreseeable that such actions would cause death or great bodily harm; or
(4) impeded another person from preventing the death either by physical action or by threat of physical action where it was reasonably foreseeable that death or great bodily harm would result.
Subd. 3.
Abandonment of criminal purpose.
A person who intentionally aids, advises, hires, counsels, or conspires with or otherwise procures another to commit a crime and thereafter abandons that purpose and makes a reasonable effort to prevent the commission of the crime prior to its commission is not liable if the crime is thereafter committed.
Subd. 4.
Circumstances of conviction.
A person liable under this section may be charged with and convicted of the crime although the person who directly committed it has not been convicted, or has been convicted of some other degree of the crime or of some other crime based on the same act, or if the person is a juvenile who has not been found delinquent for the act.
Subd. 5.
Definition.
For purposes of this section, a crime also includes an act committed by a juvenile that would be a crime if committed by an adult.
History:
1963 c 753 art 1 s 609.05; 1986 c 444; 1991 c 279 s 22,23; 2023 c 52 art 4 s 3
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.055 — Capability Of Children To Commit Crime.

609.055 CAPABILITY OF CHILDREN TO COMMIT CRIME.
Subdivision 1.
General rule.
Children under the age of 14 years are incapable of committing crime.
Subd. 2.
Adult prosecution.
(a) Except as otherwise provided in paragraph (b), children of the age of 14 years or over but under 18 years may be prosecuted for a felony offense if the alleged violation is duly certified for prosecution under the laws and court procedures controlling adult criminal violations or may be designated an extended jurisdiction juvenile in accordance with the provisions of chapter 260B. A child who is 16 years of age or older but under 18 years of age is capable of committing a crime and may be prosecuted for a felony if:
(1) the child has been previously certified on a felony charge pursuant to a hearing under section 260B.125, subdivision 2, or pursuant to the waiver of the right to such a hearing, or prosecuted pursuant to this subdivision; and
(2) the child was convicted of the felony offense or offenses for which the child was prosecuted or of a lesser included felony offense.
(b) A child who is alleged to have committed murder in the first degree after becoming 16 years of age is capable of committing a crime and may be prosecuted for the felony. This paragraph does not apply to a child alleged to have committed attempted murder in the first degree after becoming 16 years of age.
History:
1963 c 753 art 1 s 609.055; 1992 c 571 art 7 s 12; 1994 c 576 s 45; 1995 c 226 art 3 s 47; 1999 c 139 art 4 s 2
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.065 — Justifiable Taking Of Life.

609.065 JUSTIFIABLE TAKING OF LIFE.
The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.
History:
1963 c 753 art 1 s 609.065; 1978 c 736 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.075 — Intoxication As Defense.

609.075 INTOXICATION AS DEFENSE.
An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind.
History:
1963 c 753 art 1 s 609.075
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.08 — Duress.

609.08 DURESS.
Except as provided in section 609.20, clause (3), when any crime is committed or participated in by two or more persons, any one of whom participates only under compulsion by another engaged therein, who by threats creates a reasonable apprehension in the mind of such participator that in case of refusal that participator is liable to instant death, such threats and apprehension constitute duress which will excuse such participator from criminal liability.
History:
1963 c 753 art 1 s 609.08; 1986 c 444
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.085 — Sending Written Communication.

609.085 SENDING WRITTEN COMMUNICATION.
Subdivision 1.
Definition of offense.
When the sending of a letter or other written communication is made an offense, the offense is complete upon deposit of the letter or communication in any official depository of mail or given to another for the purpose of delivery to the receiver.
Subd. 2.
Venue.
The offense is committed in both the county in which the letter is so deposited or given and the county in which it is received by the person for whom it is intended.
History:
1963 c 753 art 1 s 609.085
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.09 — Compelling Testimony; Immunity From Prosecution.

609.09 COMPELLING TESTIMONY; IMMUNITY FROM PROSECUTION.
Subdivision 1.
Conditions of immunity.
In any criminal proceeding, including a grand jury proceeding, paternity proceeding, or proceeding in juvenile court, if it appears a person may be entitled to refuse to answer a question or produce evidence of any other kind on the ground that the person may be incriminated thereby, and if the prosecuting attorney, in writing, requests the chief judge of the district or a judge of the court in which the proceeding is pending to order that person to answer the question or produce the evidence, the judge, after notice to the witness and hearing, shall so order if the judge finds that to do so would not be contrary to the public interest and would not be likely to expose the witness to prosecution in another state or in the federal courts.
After complying, and if, but for this section, the witness would have been privileged to withhold the answer given or the evidence produced by the witness, no testimony or other information compelled under the order, or any information directly or indirectly derived from such testimony or other information may be used against the witness in any criminal case, but the witness may be prosecuted or subjected to penalty or forfeiture for any perjury, false swearing or contempt committed in answering, or in failing to answer, or in producing, or failing to produce, evidence in accordance with the order.
Subd. 2.
Testimony required; no use of testimony for prosecution.
In every case not provided for in subdivision 1 and in which it is provided by law that a witness shall not be excused from giving testimony tending to be self-incriminating, no person shall be excused from testifying or producing any papers or documents on the ground that doing so may tend to criminate the person or subject the person to a penalty or forfeiture; but no testimony or other information directly or indirectly derived from such testimony or other information may be used against the witness in any criminal case, except for perjury committed in such testimony.
History:
1963 c 753 art 1 s 609.09; 1969 c 661 s 1; 1981 c 293 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.095 — Limits Of Sentences.

609.095 LIMITS OF SENTENCES.
(a) The legislature has the exclusive authority to define crimes and offenses and the range of the sentences or punishments for their violation. No other or different sentence or punishment shall be imposed for the commission of a crime than is authorized by this chapter or other applicable law.
(b) Except as provided in section 152.18, 609.1056, 609.375, or upon agreement of the parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been found guilty by a court or jury following a trial. A decision by the court to issue a stay of adjudication under this paragraph for a charge of violating section 243.166, 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453, must be justified in writing and on the record.
(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule 26.04.
History:
1963 c 753 art 1 s 609.095; 1998 c 367 art 6 s 1; 2001 c 158 s 6; 1Sp2019 c 5 art 4 s 1; 1Sp2021 c 12 art 3 s 12
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.10 — Sentences Available.

609.10 SENTENCES AVAILABLE.
Subdivision 1.
Sentences available.
(a) Upon conviction of a felony and compliance with the other provisions of this chapter the court, if it imposes sentence, may sentence the defendant to the extent authorized by law as follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the court; or
(3) to both imprisonment for a fixed term of years and payment of a fine; or
(4) to payment of a fine without imprisonment or as an intermediate sanction on a stayed sentence; or
(5) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized under section 609.102 in addition to any other sentence imposed by the court.
(b) If the court imposes a fine or orders restitution under paragraph (a), payment is due on the date imposed unless the court otherwise establishes a due date or a payment plan.
Subd. 2.
Restitution.
(a) As used in this section, "restitution" includes:
(1) payment of compensation to the victim or the victim's family; and
(2) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.
"Restitution" includes payment of compensation to a government entity that incurs loss as a direct result of a crime.
(b) When the defendant does not pay the entire amount of court-ordered restitution and the fine at the same time, the court may order that all restitution shall be paid before the fine is paid.
History:
1963 c 753 art 1 s 609.10; 1978 c 723 art 1 s 13; 1984 c 610 s 1; 1992 c 571 art 11 s 12; 1995 c 244 s 10; 1996 c 408 art 7 s 2; 1997 c 239 art 7 s 16; 2009 c 83 art 2 s 39
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.102 — Correctional Fees; Imposition By Court.

609.102 CORRECTIONAL FEES; IMPOSITION BY COURT.
Subdivision 1.
Definition.
For purposes of this section, " correctional fee" means a fee for local correctional services established by a probation agency or the commissioner of corrections under section 244.18.
Subd. 2.
Imposing fee.
When a court places a person convicted of a crime under the supervision and control of a probation agency, the agency may collect a correctional fee based on the agency's fee schedule adopted under section 244.18, subdivision 2.
Subd. 2a.
Imposing correctional fee.
When a person convicted of a crime is supervised by the commissioner of corrections, the commissioner may collect a correctional fee based on the commissioner's fee schedule adopted under section 244.18, subdivision 2.
Subd. 3.
[Repealed, 1999 c 111 s 6]
Subd. 4.
[Repealed, 1999 c 111 s 6]
History:
1992 c 571 art 11 s 13; 1999 c 111 s 4; 1999 c 216 art 4 s 10; 2006 c 260 art 4 s 13; 2023 c 52 art 17 s 31
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.104 — Fine And Surcharge Collection.

609.104 FINE AND SURCHARGE COLLECTION.
Subdivision 1.
Failure to pay restitution or fine.
(a) Any portion of a fine, surcharge, court cost, restitution, or fee that the defendant fails to pay by the due date may be referred for collection under section 480.15, subdivision 10c. If the defendant has agreed to a payment plan but fails to pay an installment when due, the entire amount remaining becomes due and payable and may be referred for collection under section 480.15, subdivision 10c.
(b) The defendant may contest the referral for collection based on inability to pay by requesting a hearing no later than the due date. The defendant shall be notified in writing at sentencing that under section 480.15, subdivision 10c, the court may refer the case for collection for nonpayment, and collection costs may be added to the amount due. The defendant shall also be notified in writing of the right to contest a referral for collection. The state court administrator shall develop the notice language.
Subd. 2.
Fine and surcharge collection.
(a) A defendant's obligation to pay court-ordered fines, surcharges, court costs, restitution, and fees shall survive after the due date for a period set by the Judicial Council.
(b) Any change in the collection period established by the Judicial Council shall be effective on court-ordered fines, surcharges, court costs, restitution, and fees imposed on or after July 1, 2009.
(c) The period relating to a defendant's obligation to pay restitution under paragraph (a) does not limit the victim's right to collect restitution through other means such as a civil judgment.
(d) Nothing in this subdivision extends the period of a defendant's stay of sentence imposition or execution.
History:
2009 c 83 art 2 s 42
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.105 — Sentence Of Imprisonment.

609.105 SENTENCE OF IMPRISONMENT.
Subdivision 1.
Sentence to one year or more.
A felony sentence to imprisonment for one year or more shall commit the defendant to the custody of the commissioner of corrections.
Subd. 1a.
[Repealed, 2009 c 83 art 3 s 24]
Subd. 1b.
[Repealed, 2009 c 83 art 3 s 24]
Subd. 2.
Place of confinement.
The commissioner of corrections shall determine the place of confinement in a prison, reformatory, or other facility of the Department of Corrections established by law for the confinement of convicted persons and prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or without the facility. When the remaining term of imprisonment for a convicted person upon commitment is 90 days or less, the commissioner of corrections may contract with a county for placement of the person in a county jail or detention center for the remainder of the person's term.
Subd. 3.
Sentence to less than one year.
A sentence to imprisonment for a period of less than one year shall be to a workhouse, work farm, county jail, or other place authorized by law.
History:
1963 c 753 art 1 s 609.105; 1985 c 248 s 70; 1Sp1997 c 2 s 61; 1999 c 126 s 10; 1999 c 194 s 7,8; 1Sp2003 c 2 art 5 s 7-9; 2009 c 83 art 3 s 19; 2020 c 71 art 2 s 11; 2023 c 52 art 6 s 7,8
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.1055 — Offenders With Serious And Persistent Mental Illness; Alternative Placement.

609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS; ALTERNATIVE PLACEMENT.
When a court intends to commit an offender with a serious and persistent mental illness, as defined in section 245.462, subdivision 20, paragraph (c), to the custody of the commissioner of corrections for imprisonment at a state correctional facility, either when initially pronouncing a sentence or when revoking an offender's probation, the court, when consistent with public safety, may instead place the offender on probation or continue the offender's probation and require as a condition of the probation that the offender successfully complete an appropriate supervised alternative living program having a mental health treatment component. This section applies only to offenders who would have a remaining term of imprisonment after adjusting for credit for prior imprisonment, if any, of one year or more.
History:
1Sp2003 c 2 art 5 s 10; 2023 c 52 art 6 s 9
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.106 — Heinous Crimes.

609.106 HEINOUS CRIMES.
Subdivision 1.
Terms.
(a) As used in this section, "heinous crime" means:
(1) a violation or attempted violation of section 609.185 or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed with force or violence.
(b) "Previous conviction" means a conviction in Minnesota for a heinous crime or a conviction elsewhere for conduct that would have been a heinous crime under this chapter if committed in Minnesota. The term includes any conviction that occurred before the commission of the present offense of conviction, but does not include a conviction if 15 years have elapsed since the person was discharged from the sentence imposed for the offense.
Subd. 2.
Life without release.
Except as provided in subdivision 3, the court shall sentence a person to life imprisonment without possibility of release under the following circumstances:
(1) the person is convicted of first-degree murder under section 609.185, paragraph (a), clause (1), (2), (4), or (7), or murder of unborn child in the first degree under section 609.2661, clause (1) or (2);
(2) the person is convicted of committing first-degree murder in the course of a kidnapping under section 609.185, paragraph (a), clause (3), or murder of unborn child in the first degree in the course of a kidnapping under section 609.2661, clause (3); or
(3) the person is convicted of first-degree murder under section 609.185, paragraph (a), clause (3), (5), or (6), or murder of unborn child in the first degree under section 609.2661, clause (3), and the court determines on the record at the time of sentencing that the person has one or more previous convictions for a heinous crime.
Subd. 3.
Offender under age 18; life imprisonment.
The court shall sentence a person who was under 18 years of age at the time of the commission of an offense under the circumstances described in subdivision 2 to imprisonment for life.
History:
1998 c 367 art 2 s 6; art 6 s 3,15; 2002 c 401 art 1 s 13; 2005 c 136 art 2 s 5; art 17 s 9; 2015 c 21 art 1 s 98; 2023 c 52 art 18 s 8,9
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.107 — Mandatory Penalty For Certain Murderers.

609.107 MANDATORY PENALTY FOR CERTAIN MURDERERS.
When a person is convicted of violating section 609.19 or 609.195, the court shall sentence the person to the statutory maximum sentence for the offense if the person was previously convicted of a heinous crime as defined in section 609.106 and 15 years have not elapsed since the person was discharged from the sentence imposed for that conviction. The court may not stay the imposition or execution of the sentence, notwithstanding section 609.135.
History:
1998 c 367 art 6 s 4
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.118 — Fingerprinting Required.

609.118 FINGERPRINTING REQUIRED.
(a) When a person is convicted of a felony, gross misdemeanor, or targeted misdemeanor, as defined in section 299C.10, subdivision 1, or is adjudicated delinquent for a felony or gross misdemeanor, the court shall order the offender to immediately report to the law enforcement agency responsible for the collection of fingerprint and other identification data required under section 299C.10, regardless of the sentence imposed or executed.
(b) Paragraph (a) does not apply if the person is remanded to the custody of a law enforcement agency or if the identification data was collected prior to the conviction or adjudication for the offense.
(c) A person who fails to obey a court order under paragraph (a) is subject to probation revocation, contempt of court, or any other appropriate remedy.
(d) This section does not limit or restrict any other statutory requirements or local policies regarding the collection of identification data.
History:
1Sp2001 c 8 art 6 s 7
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.12 — Parole Or Discharge.

609.12 PAROLE OR DISCHARGE.
Subdivision 1.
Authority; conditions.
A person sentenced to the commissioner of corrections for imprisonment for a period less than life may be paroled or discharged at any time without regard to length of the term of imprisonment which the sentence imposes when in the judgment of the Supervised Release Board, and under the conditions the board imposes, the granting of parole or discharge would be most conducive to rehabilitation and would be in the public interest.
Subd. 2.
Parole required after certain term.
If a sentence of more than five years has been imposed on a defendant for a crime authorizing a sentence of not more than ten years, the Supervised Release Board shall grant the defendant parole no later than the expiration of five years of imprisonment, less time granted for good behavior, unless the board determines with or without hearing that the defendant's parole would not be conducive to rehabilitation or would not be in the public interest.
Subd. 3.
Parole; board powers.
All sentences to the Supervised Release Board for the imprisonment of the defendant are subject to the laws relating to parole and the powers of the Supervised Release Board, except as modified in subdivisions 1 and 2, and to all other laws relating to persons in said institutions and their imprisonment.
History:
1963 c 753 art 1 s 609.12; 1973 c 654 s 15; 1975 c 271 s 6; 1983 c 274 s 18; 1986 c 444; 2023 c 52 art 18 s 13
2023 Minnesota Statutes › Chapters 609 - 624 — Crimes; Expungement; Victims › Chapter 609 — Criminal Code › Section 609.125 — Sentence For Misdemeanor Or Gross Misdemeanor.

609.125 SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.
Subdivision 1.
Sentences available.
(a) Upon conviction of a misdemeanor or gross misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, sentence the defendant:
(1) to imprisonment for a definite term; or
(2) to payment of a fine without imprisonment or as an intermediate sanction on a stayed sentence; or
(3) to both imprisonment for a definite term and payment of a fine; or
(4) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or
(5) to payment of a local correctional fee as authorized under section 609.102 in addition to any other sentence imposed by the court; or
(6) to perform work service in a restorative justice program in addition to any other sentence imposed by the court.
(b) If the court imposes a fine or orders restitution under paragraph (a), payment is due on the date imposed unless the court otherwise establishes a due date or a payment plan.
Subd. 2.
Restitution.
(a) As used in this section, "restitution" includes:
(1) payment of compensation to the victim or the victim's family; and
(2) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.
"Restitution" includes payment of compensation to a government entity that incurs loss as a direct result of a crime.
(b) When the defendant does not pay the entire amount of court-ordered restitution and the fine at the same time, the court may order that all restitution shall be paid before the fine is paid.
History:
1963 c 753 art 1 s 609.125; 1971 c 25 s 91; 1984 c 610 s 2; 1992 c 571 art 11 s 14; 1995 c 244 s 11; 1996 c 408 art 7 s 3; 1997 c 239 art 3 s 6; art 7 s 17; 2009 c 83 art 2 s 43