MINNESOTA COURT RULES

SENTENCING GUIDELINES

Minnesota Sentencing Guidelines and Commentary

Effective August 1, 2023

TABLE OF SECTIONS

1. Purpose and Definitions

A.		Statement of Purpose and Principles
B.		Definitions

2. Determining Presumptive Sentences

A.		Offense Severity
		1. General Rule
		2. Theft and Damage to Property; Foreseeable Risk of Bodily Harm
		3. First-Degree Murder
		4. Unranked Offenses
		5. Attempts, Conspiracies, and Other Sentence Modifiers
B.		Criminal History
		1. Prior Felonies
		2. Custody Status at the Time of the Offense
		3. Prior Gross Misdemeanors and Misdemeanors
		4. Prior Juvenile Adjudications
		5. Convictions from Jurisdictions Other Than Minnesota
		6. Felony Enhancement Due to Prior Misdemeanor or Gross Misdemeanor Convictions
		7. Determining Offense Levels for Prior Offenses
C.		Presumptive Sentence
		1. Finding the Presumptive Sentence
		2. Presumptive Sentence Durations that Exceed the Statutory Maximum Sentence
		3. Finding the Presumptive Sentence for Certain Offenses
D.		Departures from the Guidelines
		1. Departures in General
		2. Factors that should not be used as Reasons for Departure
		3. Factors that may be used as Reasons for Departure
E.		Mandatory Sentences
		1. In General
		2. Specific Statutory Provisions
		3. Conditional Release
		4. Mandatory Life Sentences
F.		Concurrent/Consecutive Sentences
		1. Presumptive Consecutive Sentences
		2. Permissive Consecutive Sentences
		3. Crime Committed for the Benefit of a Gang
		4. Pre-Guidelines Cases
G.		Convictions for Attempts, Conspiracies, and Other Sentence Modifiers
		1. In General
		2. Attempt or Conspiracy
		3. Solicitation of Juveniles or Mentally Impaired Persons
		4. Conspiracy to Commit a Controlled Substance Offense
		5. Attempt or Conspiracy to Commit Criminal Sexual Conduct 1st or 2nd Degree
		6. Taking Responsibility for Criminal Acts
		7. Offense Committed in Furtherance of Terrorism
		8. Criminal Sexual Predatory Conduct
		9. Solicitation or Promotion of Prostitution; Sex Trafficking
		10. Offense Committed for the Benefit of a Gang
		11. Felony Assault Motivated by Bias
		12. Criminal Vehicular Homicide (Qualified Prior Conviction)
		13. Attempt or Conspiracy to Commit First-Degree Murder
		14. Second or Subsequent Severe Violent Offense

3. Related Policies

A.		Establishing Conditions of Stayed Sentences
		1. Method of Granting Stayed Sentences
		2. Length of Stay
		3. Other Conditions of Stayed Sentences
B.		Revocation of Stayed Sentences
C.		Jail Credit
		1. In General
		2. Applying Jail Credit
D.		Juveniles
E.		Presentence Mental or Physical Examinations for Sex Offenders
F.		Military Veterans
G.		Modifications
		1. Policy Modifications
		2. Clarifications of Existing Policy

4. Sentencing Guidelines Grids

A.		Sentencing Guidelines Grid
		Examples of Executed Sentences (Length in Months) Broken Down by: Term of Imprisonment and Supervised Release Term
B.		Sex Offender Grid
		Examples of Executed Sentences (Length in Months) Broken Down by: Term of Imprisonment and Supervised Release Term
C		Drug Offender Grid
		Examples of Executed Sentences (Length in Months) Broken Down by: Term of Imprisonment and Supervised Release Term

5.A. Offense Severity Reference Table

5.B. Severity Level by Statutory Citation

6. Offenses Eligible for Permissive Consecutive Sentences

7. Theft Offense List

8. Severe Violent Offense List

APPENDICES

1. Mandatory and Presumptive Sentences Reference Table

2. Dangerous Weapons Offense Reference Table

3. Presumptive Sentence Durations that Exceed the Statutory Maximum Sentence Reference Table

4. Targeted Misdemeanor List

5. Cannabis Threshold Tables

INDEX