609.106 HEINOUS CRIMES.
Subdivision 1.
Terms. (a) As used in this section, "heinous crime" means:
(1) a violation or attempted violation of section
609.185 or
609.19;
(2) a violation of section
609.195 or
609.221; or
(3) a violation of section
609.342,
609.343, or
609.344, if the offense was committed with
force or violence.
(b) "Previous conviction" means a conviction in Minnesota for a heinous crime or a
conviction elsewhere for conduct that would have been a heinous crime under this chapter if
committed in Minnesota. The term includes any conviction that occurred before the commission
of the present offense of conviction, but does not include a conviction if 15 years have elapsed
since the person was discharged from the sentence imposed for the offense.
Subd. 2.
Life without release. The court shall sentence a person to life imprisonment
without possibility of release under the following circumstances:
(1) the person is convicted of first degree murder under section
609.185, paragraph (a),
clause (1), (2), (4), or (7);
(2) the person is convicted of committing first degree murder in the course of a kidnapping
under section
609.185, clause (3); or
(3) the person is convicted of first degree murder under section
609.185, clause (3), (5), or
(6), and the court determines on the record at the time of sentencing that the person has one or
more previous convictions for a heinous crime.
History: 1998 c 367 art 2 s 6; art 6 s 3,15; 2002 c 401 art 1 s 13; 2005 c 136 art 2 s 5;
art 17 s 9