Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

609.035 CRIME PUNISHABLE UNDER DIFFERENT PROVISIONS.
    Subdivision 1. Conduct; multiple crimes; chargeable for one offense. Except as provided
in subdivisions 2, 3, 4, and 5, and in sections 609.251, 609.585, 609.21, subdivisions 3 and
4
, 609.2691, 609.486, 609.494, and 609.856, if a person's conduct constitutes more than one
offense under the laws of this state, the person may be punished for only one of the offenses
and a conviction or acquittal of any one of them is a bar to prosecution for any other of them.
All the offenses, if prosecuted, shall be included in one prosecution which shall be stated in
separate counts.
    Subd. 2. Consecutive sentences. (a) When a person is being sentenced for a violation of
a provision listed in paragraph (e), the court may sentence the person to a consecutive term of
imprisonment for a violation of any other provision listed in paragraph (e), notwithstanding
the fact that the offenses arose out of the same course of conduct, subject to the limitation on
consecutive sentences contained in section 609.15, subdivision 2, and except as provided in
paragraphs (b), (c), and (f) of this subdivision.
(b) When a person is being sentenced for a violation of section 171.09, 171.20, 171.24, or
171.30, the court may not impose a consecutive sentence for another violation of a provision
in chapter 171.
(c) When a person is being sentenced for a violation of section 169.791 or 169.797, the
court may not impose a consecutive sentence for another violation of a provision of sections
169.79 to 169.7995.
(d) This subdivision does not limit the authority of the court to impose consecutive sentences
for crimes arising on different dates or to impose a consecutive sentence when a person is being
sentenced for a crime and is also in violation of the conditions of a stayed or otherwise deferred
sentence under section 609.135.
(e) This subdivision applies to misdemeanor and gross misdemeanor violations of the
following if the offender has two or more prior impaired driving convictions as defined in section
169A.03 within the past ten years:
(1) section 169A.20, subdivision 1, driving while impaired;
(2) section 169A.20, subdivision 2, test refusal;
(3) section 169.791, failure to provide proof of insurance;
(4) section 169.797, failure to provide vehicle insurance;
(5) section 171.09, violation of condition of restricted license;
(6) section 171.20, subdivision 2, operation after revocation, suspension, cancellation, or
disqualification;
(7) section 171.24, driving without valid license; and
(8) section 171.30, violation of condition of limited license.
(f) When a court is sentencing an offender for a violation of section 169A.20 and a violation
of an offense listed in paragraph (e), and the offender has five or more qualified prior impaired
driving incidents, as defined in section 169A.03, within the past ten years, the court shall sentence
the offender to serve consecutive sentences for the offenses, notwithstanding the fact that the
offenses arose out of the same course of conduct.
    Subd. 3. Exception; firearms offenses. Notwithstanding section 609.04, a prosecution for or
conviction of a violation of section 609.165 or 624.713, subdivision 1, clause (b), is not a bar
to conviction of or punishment for any other crime committed by the defendant as part of the
same conduct.
    Subd. 4. Exception; arson offenses. Notwithstanding section 609.04, a prosecution for or
conviction of a violation of sections 609.561 to 609.563 or 609.5641 is not a bar to conviction
of or punishment for any other crime committed by the defendant as part of the same conduct
when the defendant is shown to have violated sections 609.561 to 609.563 or 609.5641 for the
purpose of concealing any other crime.
For purposes of the Sentencing Guidelines, a violation of sections 609.561 to 609.563 or
609.5641 is a crime against the person.
    Subd. 5. Exception; fleeing a peace officer. Notwithstanding subdivision 1, a prosecution or
conviction for violating section 609.487 is not a bar to conviction of or punishment for any other
crime committed by the defendant as part of the same conduct. If an offender is punished for more
than one crime as authorized by this subdivision and the court imposes consecutive sentences for
the crimes, the consecutive sentences are not a departure from the Sentencing Guidelines.
    Subd. 6. Exception; criminal sexual conduct offenses. Notwithstanding subdivision 1, a
prosecution or conviction for committing a violation of sections 609.342 to 609.345 with force
or violence is not a bar to conviction of or punishment for any other crime committed by the
defendant as part of the same conduct. If an offender is punished for more than one crime as
authorized by this subdivision and the court imposes consecutive sentences for the crimes, the
consecutive sentences are not a departure from the Sentencing Guidelines.
History: 1963 c 753 art 1 s 609.035; 1983 c 139 s 1; 1986 c 388 s 1; 1986 c 444; 1987 c 111 s
1; 1993 c 326 art 4 s 13; 1994 c 615 s 23; 1996 c 408 art 4 s 2,3; 1997 c 239 art 8 s 28,29; 1999 c
194 s 6; 1999 c 216 art 3 s 4-6; 2000 c 311 art 4 s 1; 2000 c 478 art 2 s 4; 1Sp2001 c 8 art 12 s 16