Minn. Stat. § 609.04

Current through 2023, c. 82

Section 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.

Minn. Stat. § 609.04

1963 c 753 art 1 s 609.04; Ex1971 c 27 s 45