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Minn. Stat. § 609.106

HEINOUS CRIMES.

Known as the Criminal Code

The act spans §§ 609–609 (377 sections).

Applied in 47 court decisions — leading case Miller v. Alabama (2012)

Most recently applied in State of Minnesota v. Angel Ignacio Sardina-Padilla (June 2024)

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; 2015 c 21 art 1 s 98; 2023 c 52 art 18 s 8,9

How often courts cite this section

199920102020202460
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Except as provided in subdivision 3, 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), or murder of unborn child in the first degree under section 609.2661 , clause (1) or (2);

(2) the person is convicted of committing first-degree murder in the course of a kidnapping under section 609.185 , paragraph (a), clause (3), or murder of unborn child in the first degree in the course of a kidnapping under section 609.2661 , clause (3); or

(3) the person is convicted of first-degree murder under section 609.185 , paragraph (a), clause (3), (5), or (6), or murder of unborn child in the first degree under section 609.2661 , clause (3), 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.

Subd. 3. Offender under age 18; life imprisonment.

The court shall sentence a person who was under 18 years of age at the time of the commission of an offense under the circumstances described in subdivision 2 to imprisonment for life.

Official source: Minnesota Office of the Revisor of Statutes. Reproduced from public-domain Minnesota statutes; confirm against the official source for the current text. Not legal advice.