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Minnesota · Through 2025 Minnesota Statutes

Minn. Stat. § 609.04: CONVICTION OF LESSER OFFENSE.

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Where this section sits in the code
  1. CRIMES; EXPUNGEMENT; VICTIMS
  2. CHAPTER 609. CRIMINAL CODE
  3. GENERAL PRINCIPLES

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.

Collected 2026-09-02T22:10:51Z. Source file · JSON

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