Criminal Law Minnesota

The laws of crime in the state of Minnesota is governed by the Criminal Code of the Minnesota Statutes 2004. The term "crime" means and includes (1) those offenses defined as crimes in various sections of the Code and (2) all violations of municipal ordinances for which a misdemeanor sentence may be imposed. The statute distinguishes the offences in the following four ways
  1. All crimes for which a sentence of imprisonment for more than one year may be impose may be called as "Felony".
  2. All crimes for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed, may be called as "Misdemeanor".
  3. The crimes which is not a felony or misdemeanor and for which the maximum fine which may be imposed for a gross misdemeanor is $3,000 may be termed as "Gross misdemeanor".
  4. "Petty misdemeanor" is an offence, prohibited by the statute and for which a sentence of a fine of not more than $300 may be imposed.
  5. Peace officer means a person who is licensed as a peace officer and who serves as
    1. a sheriff,
    2. deputy sheriff,
    3. police officer,
    4. conservation
    5. officer, agent of the Bureau of Criminal Apprehension,
    6. agent of the Division of Alcohol and Gambling Enforcement,
    7. University of Minnesota peace officer,
    8. Metropolitan Transit police officer, or
    9. State Patrol trooper.
The code of describes various crimes under the following heads:
  1. Offenses against sovereignty
  2. Offenses against public justice
  3. Offenses against public policy
  4. Offenses against public peace
  5. Offenses against public health and safety
  6. Abortion; obscenity; houses of ill-fame
  7. Uniform narcotic drug act
  8. Crimes against the person
  9. Offenses against property by fraud
  10. Offenses against property by force
  11. Larceny
  12. Unlawful business practices
  13. Crimes, other provisions
  1. Misconduct of officer drawing jury
An officer or other person who is charged by law with the preparation of any jury list, or list of names from which a jury is to be drawn:
  1. places on a list a name at the request or solicitation, direct or indirect, of a person;
  2. purposely puts a name that was not lawfully drawn for that purpose;
  3. purposely omits to place on a list a name that was lawfully drawn;
  4. purposely signs or certifies a list of jurors as having been drawn,
  5. purposely withdraws from the box or other receptacle for the ballots containing the names of the jurors any paper or ballot lawfully placed, or

does an act that is partial, or improper in any other respect, is guilty of a misdemeanor.

  1. Disturbing legislature or intimidating member:

A person who:

  1. willfully disturbs the legislature, or either house of it, while in session; or
  2. commits disorderly conduct tending to interrupt its proceedings or impair the respect due to its authority; or
  3. willfully, by intimidation or otherwise, prevents a member of the legislature from attending a session of the member's house, or of a committee of it, or from giving the member's vote upon a question which may come before the house, or from performing any other official act is guilty of gross misdemeanor.
  1. Altering draft of bill
A person who fraudulently alters the draft of a bill or resolution to be presented to either house of the legislature different from that intended by the house, is guilty of a gross misdemeanor.
  1. Altering engrossed bill.
A person who fraudulently alters the engrossed copy or enrollment of a bill, which has been passed by the legislature in language different from that in which it was passed by the legislature, is guilty of a felony.
  1. Delaying to take prisoner before judge.
A peace officer or other person who willfully and wrongfully delays taking an arrested person before a judge having appropriate criminal jurisdiction is guilty of a gross misdemeanor.
  1. Maliciously procuring search warrant; misconduct in use.
Every person who shall maliciously and without probable cause procure a search warrant to be issued and executed, and every officer who, in executing a search warrant, shall willfully exceed the officer's authority, or exercise it with unnecessary severity, shall be guilty of a misdemeanor.
  1. Prohibiting refusal to aid officer make arrest
A person who willfully neglects or refuses to arrest another person after having been lawfully directed to do so by a judge is guilty of a misdemeanor.
  1. Misconduct by attorneys.
Every attorney or counselor at law who is guilty of any deceit or collusion, or shall consent thereto, with intent to deceive the court or any party, or who delayed client's suit with a view to his personal gain, shall be guilty of a misdemeanor.
  1. Criminal contempt.

Felony contempt.

  1. A person who knowingly and willfully disobeys a subpoena lawfully issued in relation to a crime of violence with intent to obstruct the criminal justice process is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
  2. A felony charge under this subdivision may be filed upon the person's nonappearance.

Misdemeanor contempt. A person who commits a contempt of court, of any one of the following kinds, is guilty of a misdemeanor:

  1. disorderly, contemptuous, or insolent behavior, committed during the sitting of the court, and directly tending to interrupt its proceedings, or to impair the respect due to its authority;
  2. behavior of like character in the presence of a referee, while actually engaged in a trial or hearing, pursuant to an order of court, or in the presence of a jury while actually sitting for the trial of a cause, or upon an inquest or other proceeding authorized by law;
  3. breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of a court, jury, or referee;
  4. willful disobedience to the lawful process or other mandate of a court;
  5. resistance willfully offered to its lawful process or other mandate;
  6. contumacious and unlawful refusal to be sworn as a witness, or, after being sworn, to answer any legal and proper interrogatory;
  7. publication of a false or grossly inaccurate report of its proceedings; or
  8. willful failure to pay court-ordered child support when the obligor has the ability to pay.
  1. Unauthorized communication with prisoners.
Any person who communicates with any inmate under sentence without any prior authorization from authority is guilty of a misdemeanor.
  1. Dissection the dead body

Every person made dissection of the body of a human being, except:

    1. cases specially provided by statute, or by the direction or will of the deceased;
    2. cases where a coroner is authorized to hold an inquest upon the body, and then only so far as the coroner may authorize dissection;
    3. cases where the husband or wife shall authorize dissection for the purpose of ascertaining the cause of death, and then only to the extent so authorized; and
    4. cases where one of the next of kin, charged by law with the duty of burial, shall authorize dissection for the purpose of ascertaining the cause of death and

shall be guilty of a gross misdemeanor.

  1. Improper use of Insignia.
A person who willfully wears the insignia or rosette of the military order of the Loyal Legion of the United States, or the badge or button of the American Legion etc. may be guilty of a misdemeanor. He may be punished by imprisonment in the county jail for not more than 60 days or by a fine of not more than $50 or by both.
  1. Cruelty to animals on transportation.

Any person who does any of the following:

    1. Transport animal without provide suitable racks, cars, crates, or cages in which the animals can both stand and lie down during transportation and while awaiting slaughter;
    2. any live animal having feet or legs tied together, or in any other cruel or inhumane manner;
    3. transports or detains livestock in cars or compartments for more than 28 consecutive hours without unloading, or
    4. permits livestock to be crowded together without sufficient space to stand, or so as to overlie, crush, wound, or kill each other.
is guilty of a misdemeanor
  1. Docking horses.
A person who cuts the bony part of a horse's tail for the purpose of docking it, or who assists in the cutting is guilty of a misdemeanor.
  1. Poisoning animals.
Any person who unjustifiably administers any poisonous, or noxious drug or substance to any animal, may be held guilty of a gross misdemeanor.
  1. Animal with infectious disease.
A person or owner having charge of any animal has any infectious or contagious disease sells or barters the animal, may be held guilty of a misdemeanor.
  1. Animal fights.

Any person who

  1. promotes or engages in, or is employed at the activity of cockfighting, dogfighting, or violent pitting of one domestic animal against another of the same or a different kind; or
  2. receives money for the admission of any person to any place used, or about to be used, for that activity; or
  3. willfully permits any person to enter or use for that activity premises of which the permitter is the owner, agent, or occupant; or
  4. uses, trains or possesses a dog or other animal for the purpose of participating in, engaging in or promoting that activity is guilty of a felony. Any person who purchases a ticket of admission or otherwise gains admission to that activity is guilty of a misdemeanor.
Armed association.
Every person, other than
  1. the National Guard,
  2. troops of the United States and,
  3. with the consent of the governor, sons and daughters of veterans and cadets of educational institutions where military science is taught,
to associate themselves together as a military company with arms may be guilty of a misdemeanor.
  1. Unlawful smoking.
A person is guilty of a petty misdemeanor if the person intentionally smokes in a building, area, or common carrier in which "no smoking" notices have been prominently posted.
  1. Disorderly conduct

Whoever does any of the following in a public or private place, including on a school bus is guilty of disorderly conduct, which is a misdemeanor:

  1. Engages in brawling or fighting; or
  2. Disturbs an assembly or meeting, not unlawful in its character; or
  3. Engages in offensive, obscene, abusive, boisterous, or noisy conduct or in offensive, obscene, or abusive language tending reasonably to arouse alarm, anger, or resentment in others.
  1. Unlawfully obtaining services
A person who intentionally obtains or attempts to obtain service for himself, herself, or another person from a provider of public transit or from a public conveyance unlawfully is guilty of a misdemeanor.
  1. Careless distribution of drugs
Any person or his agent distributes, or does not give away any samples of any medicine, drugs, or medical compounds, salve into the hands of an adult person, or mailed to such persons through the regular mail service shall be guilty of a misdemeanor
  1. Exposing person with contagious disease
Every person who shall willfully expose self or another affected with any contagious or infectious disease, in any public place or thoroughfare, except upon the person's necessary removal in a manner not dangerous to the public health, shall be guilty of a misdemeanor.
  1. Drugs to produce miscarriage.
Whoever shall manufacture, give, or sell an instrument, drug, or medicine, or any other substance, with intent that the same may be unlawfully used in producing the miscarriage of a woman, shall be guilty of a felony
  1. Concealing birth.
Every person who shall endeavor to conceal the birth of a child by any disposition of its dead body, whether the child died before or after its birth, shall be guilty of a misdemeanor.
Every criminal cause is tried in the county of Minnesota where the offense is committed or any county where the property involve in an offense is or has been located or where the services involve in an offense are provided.
  1. A victim of crime or any other witness of the crime may file a complaint before a judge or judicial officer of the district court, clerk or deputy clerk of court, or notary public.
  2. The complaint has to be made in the prescribed form
  3. A process is issued thereon after the written approval, endorsed on the complaint, of the prosecuting attorney authorized to prosecute the offense charged.
  4. If the complaint is filed before any other person other than Judge or judicial person, such person shall first investigate
  5. If the judge finds that the facts set forth in writing in the complaint and any supporting affidavits or supplemental sworn testimony and there is probable cause to believe that an offense has been committed by the defendant only, a summons or warrant may be issued. If the defendant appears upon receiving summons in the court then trial begins. If the defendant appears without a counsel then the court may appoint a public defender for the defendant. After hearing both the side the judges pass the verdict either by convicting the defendant or releasing the defendant based on the plea made against or on behalf of the defendant.
Rule 3. Warrant or Summons Upon Complaint
3.01 Issuance
3.02 Contents of Warrant or Summons
3.03 Execution or Service of Warrant or Summons; Certification
3.04 Defective Warrant, Summons or Complaint
Rule 4. Procedure Upon Arrest Under Warrant Following a Complaint
or Without a Warrant
4.01 Arrest Under Warrant
4.02 Arrest Without a Warrant
4.03 Probable Cause Determination
Rule 5. Procedure on First Appearance
5.01 Statement to the Defendant
5.02 Appointment of Public Defender
5.03 Date of Rule 8 Appearance in District Court; Consolidation of Appearances Under Rule 5 and Rule 8
5.04 Plea in Misdemeanor Cases
5.05 Bail or Release
5.06 Record
Rule 6. Pretrial Release
6.01 Release on Citation by Law Enforcement Officer Acting Without Warrant
6.02 Release by Judge, Judicial Officer or Court
6.03 Violation of Conditions of Release
6.04 Forfeiture
6.05 Supervision of Detention
6.06 Trial Date in Misdemeanor Cases
Rule 7. Notice by Prosecuting Attorney of Evidence and Identification
Procedures; Completion of Discovery
7.01 Notice of Evidence and Identification Procedures
7.02 Notice of Additional Offenses
7.03 Completion of Discovery
Rule 8. Defendant's Initial Appearance Before the District Court Following the Complaint or Tab Charge in Felony and Gross Misdemeanor Cases
8.01 Place of Appearance and Arraignment
8.02 Plea of Guilty
8.03 Demand or Waiver of Hearing
8.04 Plea and Time and Place of Omnibus Hearing
8.05 Record
8.06 Conditions of Release
Rule 9. Discovery in Felony and Gross Misdemeanor Cases
9.01 Disclosure by Prosecution
9.02 Disclosure by Defendant
9.03 Regulation of Discovery
Rule 10. Pleadings and Motions Before Trial; Defenses and
10.01 Pleadings and Motions
10.02 Motions Attacking Jurisdiction of the Court in Misdemeanor Cases
10.03 Waiver
10.04 Service of Motions; Hearing Date
Rule 11. Omnibus Hearing in Felony and Gross Misdemeanor Cases
11.01 Place of Hearing
11.02 Hearing on Evidentiary Issues
11.03 Motions
11.04 Other Issues
11.05 Amendment of Complaint
11.06 Pleas
11.07 Continuances; Determination of Issues
11.08 Record
11.09 [Deleted]
11.10 Plea; Trial Date
11.11 Exclusion of Witnesses
Rule 12. Pretrial Conference and Evidentiary Hearing in Misdemeanor Cases
12.01 Pretrial Conference
12.02 Motions
12.03 Other Issues
12.04 Hearing on Evidentiary Issues
12.05 Amendment of Complaint
12.06 Pleas
12.07 Continuances; Determination of Issues
12.08 Record
Rule 13. Arraignment in Felony and Gross Misdemeanor Cases
13.01 In Open Court
13.02 Right to Counsel
13.03 Copy and Reading of Charges
13.04 Plea
13.05 Record
Rule 14. Pleas
14.01 Pleas Permitted
14.02 Who May Plead
14.03 Time of Plea
Rule 15. Procedure Upon Plea of Guilty; Plea Agreements; Plea Withdrawal; Plea to Lesser Offense
15.01 Acceptance of Plea; Questioning Defendant; Felony and Gross Misdemeanor Cases
15.02 Acceptance of Plea; Questioning Defendant; Misdemeanor Cases
15.03 Alternative Methods in Misdemeanor Cases
15.04 Plea Discussion and Plea Agreements
15.05 Plea Withdrawal
15.06 Plea Discussions and Agreements Not Admissible
15.07 Plea to Lesser Offenses
15.08 Plea to Different Offense
15.09 Record of Proceedings
15.10 Guilty Plea to Offenses from Other Jurisdictions
15.11 Use of Guilty Plea Petitions When Defendant Handicapped in Communications
Appendix A to Rule 15
Appendix B to Rule 15
Appendix C to Rule 15
Rule 16. Misdemeanor Prosecution by Indictment
Rule 17. Indictment, Complaint and Tab Charge
17.01 Prosecution by Indictment, Complaint or Tab Charge
17.02 Nature and Contents
17.03 Joinder of Offenses and of Defendants
17.04 Surplusage
17.05 Amendment of Indictment or Complaint
17.06 Motions Attacking Indictment, Complaint or Tab Charge
Rule 18. Grand Jury
18.01 Summoning Grand Juries
18.02 Objections to Grand Jury and Grand Jurors
18.03 Organization of Grand Jury
18.04 Who May be Present
18.05 Record of Proceedings
18.06 Kind and Character of Evidence
18.07 Finding and Return of Indictment
18.08 Secrecy of Proceedings
18.09 Tenure and Excuse
Rule 19. Warrant or Summons Upon Indictment; Appearance Before District Court
19.01 Issuance
19.02 Form
19.03 Execution or Service; Certification of Execution or Service
19.04 Appearance of Defendant Before Court
19.05 Bail or Conditions of Release
19.06 Record
Rule 20. Proceedings for Mentally Ill or Mentally Deficient
20.01 Competency to Proceed
20.02 Medical Examination of Defendant Upon Defense of Mental Deficiency or Mental Illness
20.03 Disclosure of Reports and Records of Defendant's Mental Examinations
Rule 21. Depositions
21.01 When Taken
21.02 Notice of Taking
21.03 Expenses of Defendant and Counsel; Failure to Appear
21.04 How Taken
21.05 Transcription, Certification and Filing
21.06 Use of Deposition
21.07 Effect of Errors and Irregularities in Depositions
21.08 Deposition by Stipulation
Rule 22. Subpoena
22.01 For Attendance of Witnesses; Form; Issuance
22.02 For Production of Documentary Evidence and of Objects
22.03 Service
22.04 Place of Service
22.05 Contempt
22.06 Witness Outside the State
Rule 23. Petty Misdemeanors and Violations Bureaus
23.01 Definition of Petty Misdemeanor
23.02 Designation as Petty Misdemeanor by Sentence Imposed
23.03 Violations Bureaus
23.04 Designation as a Petty Misdemeanor in a Particular Case
23.05 Procedure in Petty Misdemeanor Cases
23.06 Effect of Conviction
Rule 24. Venue
24.01 Place of Trial
24.02 Venue in Special Cases
24.03 Change of Venue
Rule 25. Special Rules Governing Prejudicial Publicity
25.01 Pretrial Hearings- Motion to Exclude Public
25.02 Continuance or Change of Venue
25.03 Restrictive Orders
Rule 26. Trial
26.01 Trial by Jury or by the Court
26.02 Selection of Jury
26.03 Procedures During Trial
26.04 Postverdict Motions
Rule 27. Sentence and Judgment
27.01 Conditions of Release
27.02 Presentence Investigation in Misdemeanor Cases
27.03 Sentencing Proceedings
27.04 Probation Revocation
27.05 Pretrial Diversion
Rule 28. Appeals to Court of Appeals
28.01 Scope of Rule
28.02 Appeal by Defendant
28.03 Certification of Proceedings
28.04 Appeal by Prosecuting Attorney
28.05 Appeal from Sentence Imposed or Stayed
Rule 29. Appeals to Supreme Court
29.01 Scope of Rule
29.02 Right of Appeal
29.03 Procedure for Appeals in First Degree Murder Cases
29.04 Procedure for Appeals from Court of Appeals
29.05 Procedure for Appeals by the Prosecuting Attorney in Postconviction Cases
29.06 Procedure for Appeals by the Prosecuting Attorney from a Judgment of Acquittal or Vacation of Judgment After a Jury Verdict of Guilty or fro an Order Granting a New Trial
Rule 30. Dismissal
30.01 By Prosecuting Attorney
30.02 By Court
Rule 31. Harmless Error and Plain Error
31.01 Harmless Error
31.02 Plain Error
Rule 32. Motions
Rule 33. Service and Filing of Papers
33.01 Service; Where Required
33.02 Service; How Made
33.03 Notice of Orders
33.04 Filing
33.05 Facsimile Transmission
Rule 34. Time
34.01 Computation
34.02 Enlargement
34.03 For Motions; Affidavits
34.04 Additional Time After Service by Mail
34.05 Unaffected by Expiration
Rule 35. Courts and Clerks
Rule 36. Search Warrants upon Oral Testimony
36.01 General Rule
36.02 When Request by Oral Testimony Appropriate
36.03 Application
36.04 Testimony Requirements
36.05 Issuance of Warrant
36.06 Filing
36.07 Contents of Warrant
36.08 Execution