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Minnesota Legislature

Office of the Revisor of Statutes

609.153 INCREASED PENALTIES FOR CERTAIN MISDEMEANORS.
    Subdivision 1. Application. This section applies to the following misdemeanor-level
crimes: sections 152.093 (manufacture or delivery of drug paraphernalia prohibited); 152.095
(advertisement of drug paraphernalia prohibited); 609.324 (prostitution); 609.3243 (loitering with
intent to participate in prostitution); 609.546
(motor vehicle tampering); 609.595 (damage to
property); and 609.66 (dangerous weapons); misdemeanor-level violations of section 609.605
(trespass); and violations of local ordinances prohibiting the unlawful sale or possession of
controlled substances.
    Subd. 2. Custodial arrest. Notwithstanding Rule 6.01 of the Rules of Criminal Procedure,
a peace officer acting without a warrant who has decided to proceed with the prosecution of a
person for committing a crime described in subdivision 1 may arrest and take the person into
custody if the officer has reason to believe the person has a prior conviction for any crime
described in subdivision 1.
    Subd. 3. Increased penalty. Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, a person who commits a misdemeanor-level crime described in
subdivision 1 is guilty of a gross misdemeanor if the court determines at the time of sentencing
that the person has two or more prior convictions in this or any other state for any of the crimes
described in subdivision 1.
    Subd. 4. Notice to complaining witness. A prosecuting authority who is responsible for
filing charges against or prosecuting a person arrested under the circumstances described in
subdivision 2 shall make reasonable efforts to notify the complaining witness of the final outcome
of the criminal proceeding that resulted from the arrest including, where appropriate, the decision
to dismiss or not file charges against the arrested person.
History: 1997 c 239 art 3 s 9; 2006 c 260 art 1 s 14