1997 Minnesota Statutes

     609.035 Crime punishable under different provisions. 

    Subdivision 1.  Except as provided in subdivisions 2, 3, 
 and 4, 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.  (a) When a person is being sentenced for a 
 violation of a provision listed in paragraph (f), the court may 
 sentence the person to a consecutive term of imprisonment for a 
 violation of any other provision listed in paragraph (f), 
 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 (d) of this subdivision. 

    (b) When a person is being sentenced for a violation of 
 section 169.129 the court may not impose a consecutive sentence 
 for a violation of a provision of section 169.121, subdivision 
 1, or for a violation of a provision of section 171.20, 171.24, 
 or 171.30. 

    (c) When a person is being sentenced for a violation of 
 section 171.20, 171.24, or 171.30, the court may not impose a 
 consecutive sentence for another violation of a provision in 
 chapter 171. 

    (d) 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. 

    (e) 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. 

    (f) 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 
 169.121, subdivision 3: 

    (1) section 169.121, subdivision 1, driving while 
 intoxicated; 

    (2) section 169.121, subdivision 1a, testing refusal; 

    (3) section 169.129, aggravated driving while intoxicated; 

    (4) section 169.791, failure to provide proof of insurance; 

    (5) section 169.797, failure to provide vehicle insurance; 

    (6) section 171.20, subdivision 2, operation after 
 revocation, suspension, cancellation, or disqualification; 

    (7) section 171.24, driving without valid license; 

    (8) section 171.30, violation of condition of limited 
 license; and 

    (9) section 609.487, fleeing a peace officer. 

    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. 

    HIST: 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