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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

609.02 DEFINITIONS.
    Subdivision 1. Crime. "Crime" means conduct which is prohibited by statute and for which
the actor may be sentenced to imprisonment, with or without a fine.
    Subd. 2. Felony. "Felony" means a crime for which a sentence of imprisonment for more
than one year may be imposed.
    Subd. 2a.[Repealed, 1999 c 194 s 11]
    Subd. 3. Misdemeanor. "Misdemeanor" means a crime for which a sentence of not more
than 90 days or a fine of not more than $1,000, or both, may be imposed.
    Subd. 4. Gross misdemeanor. "Gross misdemeanor" means any crime which is not a felony
or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000.
    Subd. 4a. Petty misdemeanor. "Petty misdemeanor" means a petty offense which is
prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not
more than $300 may be imposed.
    Subd. 5. Conviction. "Conviction" means any of the following accepted and recorded by
the court:
(1) A plea of guilty; or
(2) A verdict of guilty by a jury or a finding of guilty by the court.
    Subd. 6. Dangerous weapon. "Dangerous weapon" means any firearm, whether loaded or
unloaded, or any device designed as a weapon and capable of producing death or great bodily
harm, any combustible or flammable liquid or other device or instrumentality that, in the manner
it is used or intended to be used, is calculated or likely to produce death or great bodily harm,
or any fire that is used to produce death or great bodily harm.
As used in this subdivision, "flammable liquid" means any liquid having a flash point below
100 degrees Fahrenheit and having a vapor pressure not exceeding 40 pounds per square inch
(absolute) at 100 degrees Fahrenheit but does not include intoxicating liquor as defined in section
340A.101. As used in this subdivision, "combustible liquid" is a liquid having a flash point at
or above 100 degrees Fahrenheit.
    Subd. 7. Bodily harm. "Bodily harm" means physical pain or injury, illness, or any
impairment of physical condition.
    Subd. 7a. Substantial bodily harm. "Substantial bodily harm" means bodily injury which
involves a temporary but substantial disfigurement, or which causes a temporary but substantial
loss or impairment of the function of any bodily member or organ, or which causes a fracture of
any bodily member.
    Subd. 8. Great bodily harm. "Great bodily harm" means bodily injury which creates a
high probability of death, or which causes serious permanent disfigurement, or which causes a
permanent or protracted loss or impairment of the function of any bodily member or organ or
other serious bodily harm.
    Subd. 9. Mental state. (1) When criminal intent is an element of a crime in this chapter,
such intent is indicated by the term "intentionally," the phrase "with intent to," the phrase "with
intent that," or some form of the verbs "know" or "believe."
(2) "Know" requires only that the actor believes that the specified fact exists.
(3) "Intentionally" means that the actor either has a purpose to do the thing or cause the
result specified or believes that the act performed by the actor, if successful, will cause that
result. In addition, except as provided in clause (6), the actor must have knowledge of those
facts which are necessary to make the actor's conduct criminal and which are set forth after the
word "intentionally."
(4) "With intent to" or "with intent that" means that the actor either has a purpose to do the
thing or cause the result specified or believes that the act, if successful, will cause that result.
(5) Criminal intent does not require proof of knowledge of the existence or constitutionality
of the statute under which the actor is prosecuted or the scope or meaning of the terms used
in that statute.
(6) Criminal intent does not require proof of knowledge of the age of a minor even though
age is a material element in the crime in question.
    Subd. 10. Assault. "Assault" is:
(1) an act done with intent to cause fear in another of immediate bodily harm or death; or
(2) the intentional infliction of or attempt to inflict bodily harm upon another.
    Subd. 11. Second or subsequent violation or offense. "Second or subsequent violation" or
"second or subsequent offense" means that prior to the commission of the violation or offense, the
actor has been adjudicated guilty of a specified similar violation or offense.
    Subd. 12.[Repealed, 1993 c 326 art 2 s 34]
    Subd. 13.[Repealed, 1993 c 326 art 2 s 34]
    Subd. 14. Electronic monitoring device. As used in sections 609.135, subdivision 5a,
611A.07, and 629.72, subdivision 2a, "electronic monitoring device" means a radio frequency
transmitter unit that is worn at all times on the person of a defendant in conjunction with a
receiver unit that is located in the victim's residence or on the victim's person. The receiver unit
emits an audible and visible signal whenever the defendant with a transmitter unit comes within
a designated distance from the receiver unit.
    Subd. 15. Probation. "Probation" means a court-ordered sanction imposed upon an offender
for a period of supervision no greater than that set by statute. It is imposed as an alternative
to confinement or in conjunction with confinement or intermediate sanctions. The purpose of
probation is to deter further criminal behavior, punish the offender, help provide reparation to
crime victims and their communities, and provide offenders with opportunities for rehabilitation.
    Subd. 16. Qualified domestic violence-related offense. "Qualified domestic violence-related
offense" includes the following offenses: sections 518B.01, subdivision 14 (violation of domestic
abuse order for protection); 518B.01, subdivision 22 (violation of domestic abuse no contact
order); 609.221
(first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic
assault); 609.2247 (domestic assault by strangulation); 609.342 (first-degree criminal sexual
conduct); 609.343 (second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual
conduct); 609.345 (fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a
child); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining
order); 609.749 (harassment/stalking); and 609.78, subdivision 2 (interference with an emergency
call); and similar laws of other states, the United States, the District of Columbia, tribal lands,
and United States territories.
History: 1963 c 753 art 1 s 609.02; 1969 c 735 s 3; Ex1971 c 27 s 42,43; 1977 c 355 s 2;
1979 c 258 s 2,3; 1983 c 274 s 14; 1983 c 331 s 4,5; 1985 c 167 s 1; 1986 c 444; 1987 c 307
s 1,2; 1987 c 329 s 3; 1987 c 384 art 2 s 1; 1989 c 5 s 1,2; 1992 c 571 art 6 s 10; 1993 c 326
art 5 s 6; 1997 c 239 art 9 s 34; 1Sp1997 c 2 s 59,60; 1999 c 194 s 5; 2000 c 488 art 5 s 2,3;
1Sp2001 c 8 art 10 s 7; 2005 c 136 art 17 s 8; 2006 c 260 art 1 s 12

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