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Minnesota Legislature

Office of the Revisor of Statutes

SENTENCING GUIDELINES

6.Offenses Eligible for Permissive Consecutive Sentences

A. Convictions for attempted offenses or conspiracies to commit offenses listed below are eligible for permissive consecutive sentences as well as convictions for completed offenses.

B. Under section 2.F.2(a)(1)(i), it is permissive for a current felony conviction to run consecutively to a prior felony sentence from a jurisdiction other than Minnesota if the non-Minnesota conviction is for a crime that is equivalent to a crime listed below.

Statute NumberOffense Title
152.021, subd. 2aManufacture any Amount of Methamphetamine
152.021, subd. 2b(2) with ref. to 152.01, subd. 24(8)Aggravated Controlled Substance Crime 1st Degree, Sale to a Minor or Vulnerable Adult
152.022, subd. 1(6)Sells Cocaine/Narcotic to Minor/Employs Minor
152.023, subd. 1(3)Sells Sch. I, II, III to Minor (not Narcotic)
152.023, subd. 1(4)Sells Sch. I, II, III Employs Minor (not Narcotic)
152.024, subd. 1(2)Schedule IV or V to Minor
152.024, subd. 1(3)Employs Minor to Sell Schedule IV or V
152.0261, subd. 1aEmploying a Minor to Import Controlled Substances
152.137Methamphetamine Crimes Involving Children or Vulnerable Adults
169.09, subd. 14(a)(1)Accidents (Death)
169.09, subd. 14(a)(2)Accidents (Great Bodily Harm)
169A.24DWI 1st Degree
243.166, subd. 5(b)Registration of Predatory Offenders
243.166, subd. 5(c)Registration of Predatory Offenders (2nd or Subsequent)
518B.01, subd. 14(d)Violation of an Order for Protection
609.185Murder 1st Degree
609.19Murder 2nd Degree
609.195Murder 3rd Degree
609.20Manslaughter 1st Degree
609.205Manslaughter 2nd Degree
609.2112, subd. 1Criminal Vehicular Homicide (Death)
609.2113, subd. 1Criminal Vehicular Operation (Great Bodily Harm)
609.2113, subd. 2Criminal Vehicular Operation (Substantial Bodily Harm)
609.2114, subd. 1Criminal Vehicular Operation (Death to an Unborn Child)
609.2114, subd. 2Criminal Vehicular Operation (Injury to an Unborn Child)
609.215Aiding Suicide
609.221Assault 1st Degree
609.222Assault 2nd Degree - Dangerous Weapon
609.223Assault 3rd Degree
609.2231Assault 4th Degree
609.224, subd. 4Assault 5th Degree (3rd or Subsequent Violation)
609.2241Knowing Transfer of Communicable Disease
609.2242, subd. 4Domestic Assault
609.2245Female Genital Mutilation
609.2247Domestic Assault by Strangulation
609.228Great Bodily Harm Caused by Distribution of Drugs
609.229, subd. 3Crime Committed for Benefit of Gang
609.2325, subd. 3(1)Criminal Abuse of Vulnerable Adult (Death)
609.2325, subd. 3(2)Criminal Abuse of Vulnerable Adult (Great Bodily Harm)
609.2325, subd. 3(3)Criminal Abuse of Vulnerable Adult (Substantial Bodily Harm)
609.233, subd. 3Deprivation of Vulnerable Adult
609.235Use of Drugs to Injure or Facilitate Crime
609.24Simple Robbery
609.245, subd. 1Aggravated Robbery 1st Degree
609.245, subd. 2Aggravated Robbery 2nd Degree
609.25Kidnapping
609.255False Imprisonment
609.2661Consp./At. Murder of Unborn Child 1st Degree
609.2662Murder of an Unborn Child 2nd Degree
609.2663Murder of an Unborn Child 3rd Degree
609.2664Manslaughter of an Unborn Child 1st Degree
609.2665Manslaughter of an Unborn Child 2nd Degree
609.267Assault of an Unborn Child 1st Degree
609.2671Assault of an Unborn Child 2nd Degree
609.268Death or Injury of an Unborn Child in Comm. of Crime
609.282Labor Trafficking
609.322, subd. 1(a)Solicit, Promote, or Profit from Prostitution; Sex Trafficking in the 1st Degree
609.322, subd. 1aSolicit, Promote, or Profit from Prostitution; Sex Trafficking in the 2nd Degree
609.324, subd. 1(a)Engage or Hire a Minor to Engage in Prostitution
609.324, subd. 1(b)Engage or Hire a Minor to Engage in Prostitution
609.324, subd. 1(c)Engage or Hire a Minor to Engage in Prostitution
609.342, subd. 1Criminal Sexual Conduct 1st Degree
609.343, subd. 1Criminal Sexual Conduct 2nd Degree
609.344, subd. 1Criminal Sexual Conduct 3rd Degree
609.345, subd. 1Criminal Sexual Conduct 4th Degree
609.3451, subd. 3Criminal Sexual Conduct 5th Degree
609.3453Criminal Sexual Predatory Conduct
609.352, subd. 2Solicitation of Children to Engage in Sexual Conduct
609.352, subd. 2aSolicitation of Children to Engage in Sexual Conduct (Internet or Computer)
609.365Incest
609.377Malicious Punishment of Child
609.378Child Neglect/Endangerment
609.485, subd. 4(a)(3)Escape with Violence from GM or Misd. Offense
609.485, subd. 4(b)Escape with Violence from Felony Offense
609.487, subd. 3Fleeing Peace Officer
609.487, subd. 4(a)Fleeing Peace Officer (Resulting in Death)
609.487, subd. 4(b)Fleeing Peace Officer (Great Bodily Harm)
609.487, subd. 4(c)Fleeing Peace Officer (Substantial Bodily Harm)
609.498, subd. 1aTampering with a Witness in the 1st Degree
609.498, subd. 1bTampering with a Witness, Aggravated 1st Degree
609.502, subd. 1(1)Interference with a Dead Body or Scene of Death
609.527Identity Theft
609.561Arson in the 1st Degree
609.5641, subd. 1a(b)Wildfire Arson (Damage over Five Dwellings, Burns 500 Acres or More, or Crops in Excess of $100,000)
609.5641, subd. 1a(c)Wildfire Arson (Damage over 100 Dwellings, Burns 1,500 Acres or More, or Crops in Excess of $250,000)
609.5641, subd. 1a(d)Wildfire Arson (Demonstrable Bodily Harm)
609.582, subd. 1(a)Burglary 1st Degree - of Occupied Dwelling
609.582, subd. 1(b)Burglary 1st Degree with Dangerous Weapon
609.582, subd. 1(c)Burglary 1st Degree with Assault
609.582, subd. 2(a)(1)Burglary 2nd Degree - Dwelling
609.582, subd. 2(a)(2)Burglary 2nd Degree - Bank
609.591, subd. 3(1)Hinder Logging (Great Bodily Harm)
609.594, subd. 2Damage to Property - Critical Public Service Facilities
609.66, subd. 1eDrive-By Shooting
609.662, subd. 2(b)(1)Duty to Render Aid (Death or Great Bodily Harm)
609.662, subd. 2(b)(2)Duty to Render Aid (Substantial Bodily Harm)
609.671Hazardous Wastes
609.687, subd. 3(1)Adulteration Resulting in Death
609.687, subd. 3(2)Adulteration Resulting in Bodily Harm
609.71, subd. 1Riot 1st Degree
609.712Real/Simulated Weapons of Mass Destruction
609.713, subd. 1Threats of Violence (Terror/Evacuation)
609.713, subd. 2Threats of Violence (Bomb Threat)
609.713, subd. 3(a)Threats of Violence (Replica Firearm)
609.714, subd. 2Crimes Committed in Furtherance of Terrorism
609.746, subd. 1(f)Surreptitious Observation Device (Minor Victim and Sexual Intent)
609.748, subd. 6(d)Violation of Harassment Restraining Order
609.749, subd. 3Harassment (Aggravated Violations)
609.749, subd. 4Harassment (Subsequent Violations)
609.749, subd. 5Stalking
609.78, subd. 2aEmergency Telephone Calls and Communications (Reporting Fictitious Emergency Resulting in Serious Injury or Death)
609.78, subd. 2b(2)Emergency Telephone Calls and Communications (Blocks, Interferes, Prevents Using Multiple Communication Devices or Electronic Means)
609.855, subd. 2(c)(1)Interference with Transit Operator
609.855, subd. 5Discharge Firearm at Occupied Transit Vehicle/Facility
617.23, subd. 3Indecent Exposure
617.246, subd. 2(a), 3(a), 4(a)Use of Minors in Sexual Performance
617.246, subd. 2(b), 3(b), 4(b)Use of Minors in Sexual Performance (Subsequent, by Predatory Offender, or Child Under 13)
617.247, subd. 3(a)Dissemination of Child Pornography
617.247, subd. 3(b)Dissemination of Child Pornography (Subsequent, by Predatory Offender, or Child Under 13)
617.247, subd. 4(a)Possession of Child Pornography
617.247, subd. 4(b)Possession of Child Pornography (Subsequent, by Predatory Offender, or Child Under 13)
617.261, subd. 2(b)Nonconsensual Dissemination of Private Sexual Images
624.7191Metal Penetrating Bullets
624.732, subd. 2Intentional Release of Harmful Substance
629.75, subd. 2(d)Violation of a Domestic Abuse No Contact Order