2004 Minnesota Statutes

     609.04 Conviction of lesser offense.  

    Subdivision 1.    Lesser offense prosecution.  Upon prosecution 
 for a crime, the actor may 
 be convicted of either the crime charged or an included offense, 
 but not both.  An included offense may be any of the following: 

    (1) A lesser degree of the same crime; or 

    (2) An attempt to commit the crime charged; or 

    (3) An attempt to commit a lesser degree of the same crime; 
 or 

    (4) A crime necessarily proved if the crime charged were 
 proved; or 

    (5) A petty misdemeanor necessarily proved if the 
 misdemeanor charge were proved.  

    Subd. 2.    Conviction; bar to prosecution.  A conviction or 
 acquittal of a crime is a bar to 
 further prosecution of any included offense, or other degree of 
 the same crime.  

    HIST: 1963 c 753 art 1 s 609.04; Ex1971 c 27 s 45