Summary of the Minnesota Criminal Statutes
Lianility for Crimes of Another in Minnesota
- Aiding /Abetting: In Minnesota you are guilty of a crime committed by another if you intentionally aid, advise, hire, counsel, or conspire with or otherwise cause another person to commit a crime in Minnesota. See Minn. Stat. § 609.05, Subd.
- Abandonment of Criminal Purpose: A defense to aiding and/or abetting a crime is to abandon the crime prior to its commission and to make a reasonable effort to stop the crime from being committed. See Minn. Stat. § 609.05, Subd. 3. Efforts to stop the crime, in Minnesota, can include reporting the crime to police.
- Restitution: Restitution is a term used to define a payment of compensation to the victim of the crime in Minnesota. Typically restitution is made to the victim, the victim’s family, the victim’s assistance program or government agency that suffered a loss.
- Minimum Fines: For many crimes in Minnesota courts must impose a fine of at least 30 percent of the maximum fine authorized by law.
- Prison Sentences in Minnesota: In felony cases where the remaining time to be served is less than 180 days, custody resides with the commission of corrections and the individual must serve the term at a workhouse, work farm, county jail, or other authorized place.
- Presentence Investigation: A presentence investigation in Minnesota is a review and report by a probation officer or commissioner of corrections as to the defendant’s individual characteristics, circumstances, needs, criminal record and social history. The report may also include input from victims, as well as the defendant’s prospects of rehabilitation ! Fingerprinting: For persons convicted of a felony, gross misdemeanor, or targeted misdemeanors will be required to provide fingerprints or other identification data.
- DNA
- Parole
- Misdemeanor or Gross Misdemeanor Sentences
- Felony Sentences
- Credit for Time Served
- Continuance of Dismissal: Upon decision by a prosecutor a person may have their case continued for a period of time. The person given this deal will be required to commit no same or similar offenses for the time. After satisfactory completion of the time period the charge will be formally dismissed. Minn. Stat. § 609.132.
- Stay of Imposition of Sentence: After finding an individual guilty of a crime a court may stay the imposition of a sentence. In effect, a stay of imposition is a way where a court does not impose the sentence it could impose in exchange for the convicted individual fulfilling terms imposed by the court.
- Concurrent Sentences: An individual charged and found guilty of multiple crimes can be sentenced to serve all of the time at the same time. An example is a sentence to serve of two years for crime A and two years for crime B. Served concurrently the individual would serve two years total for both crimes.
- Consecutive Sentences: An individual charged and found guilty of multiple crimes can be sentenced to serve all time one after the other. An example is a sentence to serve of two years for crime A and two years for crime B. Served consecutively the individual would serve four years for both crimes.
Anticipatory Crimes in Minnesota
- Attempts: An individual in Minnesota that takes a substantial step toward the commission of a crime is guilty of the crime of attempt. The substantial step must be more than mere preparation. Minn. Stat. § 609.17
- Defenses to Attempt: A defense to the attempted crime is that the individual abandons the crime voluntarily. Another defense is that the crime was clearly impossible to commit.
- Penalties for Attempt: If the maximum sentence for the crime is life, not more than 20 years; or not more than one half (½) of the maximum imprisonment but not less than 90 days or a fine of $100.00
- Conspiracy: Is an agreement by two or more persons to commit a crime. In Minnesota a party must do some overt act to help or aid the conspiracy.
Murder/Homicide in Minnesota
- Degrees of Murder:
- First Degree: Is the causing of death of a human being with premeditation.
- Second Degree: Is the causing of death of a human being without premeditation.
- Third Degree: Is the causing of death of a human being through dangerous acts which disregard human life.
- Manslaughter:
- Manslaughter in the First Degree: Is the causing of death of a human being during the heat of passion.
- Manslaughter in the Second Degree: Is the causing of death of a human being through negligence. Also referred to as Negligent Homicide.
- Criminal Vehicular Homicide: Is the causing of death of a human being as a result of operating a motor vehicle in a grossly negligent manner. Grossly negligent manner has been defined as being under the influence.
Personal Crimes in Minnesota
- Assault:
- Assault in the First Degree: Is the unauthorized touching of another that causes great bodily harm.
- Assault in the Second Degree: Is the unauthorized touching of another with a weapon that causes substantial bodily harm.
- Assault in the Third Degree: Is the unauthorized touching of another that causes substantial bodily harm.
- Assault in the Fourth Degree: Is the unauthorized touching of a peace officer that causes demonstrable bodily harm.
- Assault in the Fifth Degree: Is the commission of an act with intent to cause fear of immediate bodily harm or death; or inflicts or attempts to inflict bodily harm on another.
- Domestic Assault: Is the commission of an act with intent to cause fear of immediate bodily harm or death; or inflicts or attempts to inflict bodily harm on a family or household member.
- Robbery: Is the taking of personal property of another through force or threat of force.
- Kidnaping: Taking a person, without the person’s consent from one place to another is kidnaping.
- False Imprisonment: Is the confining or restraining of another without their consent.
Sex Crimes in Minnesota
- Rape: See Criminal Sexual Conduct below.
- Criminal Sexual Conduct: The degrees of criminal sexual conduct depends on the ages of the actors and the conduct. Minn. Stat. § 609.342 to Minn. Stat. § 609.3451.
- Incest: Is sexual intercourse with another nearer of kin, with knowledge of the relationship. Minn. Stat. § 609.365.
- Prostitution: The crime of prostitution and related crimes are covered by Minn. Stat. § 609.321 through Minn. Stat. § 609.33. The common definition of prostitution is payment of money or receipt of money for sexual services.
- Sexual Assault: See Criminal Sexual Conduct above.
Crimes Against Justice in Minnesota
- Perjury: Is the act of making a false material statement. Minn. Stat. § 609.48.
- Fleeing a Police Officer in a Motor Vehicle: Is defined by increasing speed, extinguishing lights or otherwise eluding a police officer after being given the signal to stop and pull over. Minn. Stat. § 609.478
- Obstructing Legal Process: Obstructing, hindering or preventing an officer or fire fighter from official defines the crime of obstructing the legal process. Minn. Stat. § 609.50.
- False Report of a Crime: Is the reporting to, or informing a police officer of a crime that the person knows is false with intent that the officer act on the report or information. Minn. Stat. § 609.505.
Theft and Related Crimes in Minnesota
- Theft: Taking, using or concealing the property of another without their permission. Minn. Stat. § 609.52.
- Receiving Stolen Goods: Possessing transferring, buying or concealing any stolen property that a person knows or has reason to know was stolen.
Damage or trespass to Property in Minnesota
- Arson: Is defined as the unlawful destruction of a building by fire or explosive.
- Damage to Property: Intentionally causing damage to the physical property of another without consent.
- Burglary: Entry into a building without consent with intent to commit a crime.
- Trespass: Is defined as the intentional entry upon the land of another without invitation. Minn. Stat. § 609.605.
Forgery and Related Crimes in Minnesota
- Forgery: Is the making or altering of a writing with intent to defraud or injure.
- Check Forgery; Offering a Forged Check: possessing or offering a forged check with intent to defraud. Acceptance of the forged check is not necessary. Minn. Stat. § 609.631
- Counterfeiting: Is the making, altering, scanning, printing of currency with intent to defraud. Minn. Stat. § 609.632
PUBLIC MISCONDUCT OR NUISANCE IN MINNESOTA
- Unlawful Assembly: Assembly by three or more persons in such a manner that will disturb or threaten public peace.
- Terroristic Threats: Is both direct and indirect threats of a crime of violence for the purpose of causing terror in another person.
- Disorderly Conduct: Is engaging in the type of conduct that tends to alarm, anger, or disturb others by fighting or brawling, disturbing an assembly or meeting, or engaging in offensive, obscene, abusive, boisterous, or noisy conduct. Minn. Stat. § 609.72.
- Harassment: Can include a single incident of physical or sexual assault or repeated incidents of intrusive or unwanted acts, words or gestures that have a substantial adverse effect on the safety, security or privacy of another. Minn. Stat. § 609.748.
- Restraining Order:
- Stalking: Is defined as stalking, following, monitoring or pursuing another whether by physical or electronic means, or causing repeated telephone calls. Minn. Stat. § 609.749