609.106 HEINOUS CRIMES.
Subdivision 1. Terms.
(a) As used in this section, "heinous crime" means:
(1) a violation or attempted violation of section
(2) a violation of section
(3) a violation of section
, if the offense was committed with
force or violence.
(b) "Previous conviction" means a conviction in Minnesota for a heinous crime or a
conviction elsewhere for conduct that would have been a heinous crime under this chapter if
committed in Minnesota. The term includes any conviction that occurred before the commission
of the present offense of conviction, but does not include a conviction if 15 years have elapsed
since the person was discharged from the sentence imposed for the offense.
Subd. 2. Life without release.
The court shall sentence a person to life imprisonment
without possibility of release under the following circumstances:
(1) the person is convicted of first degree murder under section
609.185, paragraph (a)
clause (1), (2), (4), or (7);
(2) the person is convicted of committing first degree murder in the course of a kidnapping
, clause (3); or
(3) the person is convicted of first degree murder under section
, clause (3), (5), or
(6), and the court determines on the record at the time of sentencing that the person has one or
more previous convictions for a heinous crime.
History: 1998 c 367 art 2 s 6; art 6 s 3,15; 2002 c 401 art 1 s 13; 2005 c 136 art 2 s 5;
art 17 s 9