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Minnesota Legislature

Office of the Revisor of Statutes

609.13 CONVICTIONS OF FELONY OR GROSS MISDEMEANOR; WHEN DEEMED
MISDEMEANOR OR GROSS MISDEMEANOR.
    Subdivision 1. Felony. Notwithstanding a conviction is for a felony:
(1) the conviction is deemed to be for a misdemeanor or a gross misdemeanor if the sentence
imposed is within the limits provided by law for a misdemeanor or gross misdemeanor as defined
in section 609.02; or
(2) the conviction is deemed to be for a misdemeanor if the imposition of the prison sentence
is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without
a prison sentence.
    Subd. 2. Gross misdemeanor. Notwithstanding that a conviction is for a gross misdemeanor,
the conviction is deemed to be for a misdemeanor if:
(1) the sentence imposed is within the limits provided by law for a misdemeanor as defined
in section 609.02; or
(2) if the imposition of the sentence is stayed, the defendant is placed on probation, and the
defendant is thereafter discharged without sentence.
    Subd. 3. Misdemeanors. If a defendant is convicted of a misdemeanor and is sentenced, or if
the imposition of sentence is stayed, and the defendant is thereafter discharged without sentence,
the conviction is deemed to be for a misdemeanor for purposes of determining the penalty for a
subsequent offense.
History: 1963 c 753 art 1 s 609.13; 1971 c 937 s 21; 1986 c 435 s 6; 1986 c 444; 1993 c
326 art 2 s 10