Minnesota Legislature
Office of the Revisor of Statutes
2007 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
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.
History: 1963 c 753 art 1 s 609.04; Ex1971 c 27 s 45
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.
History: 1963 c 753 art 1 s 609.04; Ex1971 c 27 s 45
Official Publication of the State of Minnesota
Revisor of Statutes