Subdivision 1.
Conduct; multiple crimes; chargeable for one offense.
Except as provided in subdivisions 2, 3, 4, and 5, and in sections 6092114., subdivision 3, 609.251, 609.2691, 609.486, 609.494, 609.585, and 609.856, and Minnesota Statutes 2012, section 60921., subdivision 1b, if a person's conduct constitutes more than one offense under the laws of this state, the person may be punished for only one of the offenses and a conviction or acquittal of any one of them is a bar to prosecution for any other of them. All the offenses, if prosecuted, shall be included in one prosecution which shall be stated in separate counts.
Subd. 2.
Consecutive sentences.
(a) When a person is being sentenced for a violation of a provision listed in paragraph (e), the court may sentence the person to a consecutive term of imprisonment for a violation of any other provision listed in paragraph (e), notwithstanding the fact that the offenses arose out of the same course of conduct, subject to the limitation on consecutive sentences contained in section
60915., subdivision 2, and except as provided in paragraphs (b), (c), and (f).
(b) When a person is being sentenced for a violation of section
17109.,
17120.,
17124., or
17130., the court may not impose a consecutive sentence for another violation of a provision in chapter 171.
(c) When a person is being sentenced for a violation of section
169791. or
169797., the court may not impose a consecutive sentence for another violation of a provision of sections
16979. to
1697995..
(d) This subdivision does not limit the authority of the court to impose consecutive sentences for crimes arising on different dates or to impose a consecutive sentence when a person is being sentenced for a crime and is also in violation of the conditions of a stayed or otherwise deferred sentence under section
609135..
(e) This subdivision applies to misdemeanor and gross misdemeanor violations of the following if the offender has two or more prior impaired driving convictions as defined in section
169A03. within the past ten years:
(1) section
169A20., subdivision 1, 1a, 1b, or 1c, driving while impaired;
(2) section
169A20., subdivision 2, test refusal;
(3) section
169791., failure to provide proof of insurance;
(4) section
169797., failure to provide vehicle insurance;
(5) section
17109., violation of condition of restricted license;
(6) section
17120., subdivision 2, operation after revocation, suspension, cancellation, or disqualification;
(7) section
17124., driving without valid license; and
(8) section
17130., violation of condition of limited license.
(f) When a court is sentencing an offender for a violation of section
169A20. and a violation of an offense listed in paragraph (e), and the offender has five or more qualified prior impaired driving incidents, as defined in section
169A03., within the past ten years, the court shall sentence the offender to serve consecutive sentences for the offenses, notwithstanding the fact that the offenses arose out of the same course of conduct.
[See Note.]
Subd. 3.
Exception; firearms offenses.
Notwithstanding section 60904., a prosecution for or conviction of a violation of section 609165. or 624713., subdivision 1, clause (2), is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Subd. 4.
Exception; arson offenses.
Notwithstanding section 60904., a prosecution for or conviction of a violation of sections 609561. to 609563. or 6095641. is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct when the defendant is shown to have violated sections 609561. to 609563. or 6095641. for the purpose of concealing any other crime.
For purposes of the Sentencing Guidelines, a violation of sections 609561. to 609563. or 6095641. is a crime against the person.
Subd. 5.
Exception; fleeing a peace officer.
Notwithstanding subdivision 1, a prosecution or conviction for violating section 609487. is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct. If an offender is punished for more than one crime as authorized by this subdivision and the court imposes consecutive sentences for the crimes, the consecutive sentences are not a departure from the Sentencing Guidelines.
Subd. 6.
Exception; criminal sexual conduct offenses.
Notwithstanding subdivision 1, a prosecution or conviction for committing a violation of sections 609342. to 609345. with force or violence is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct. If an offender is punished for more than one crime as authorized by this subdivision and the court imposes consecutive sentences for the crimes, the consecutive sentences are not a departure from the Sentencing Guidelines.
1963 c 753 art 1 s 609.035; 1983 c 139 s 1; 1986 c 388 s 1; 1986 c 444; 1987 c 111 s 1; 1993 c 326 art 4 s 13; 1994 c 615 s 23; 1996 c 408 art 4 s 2, 3; 1997 c 239 art 8 s 28, 29; 1999 c 194 s 6; 1999 c 216 art 3 s 4-6; 2000 c 311 art 4 s 1; 2000 c 478 art 2 s 4; 1Sp2001 c 8 art 12 s 16; 2007 c 54 art 3 s 14; 2009 c 83 art 2s 37; 2014 c 180 s 9
1963 c 753 art 1 s 609.035; 1983 c 139 s 1; 1986 c 388 s 1; 1986 c 444; 1987 c 111 s 1; 1993 c 326 art 4 s 13; 1994 c 615 s 23; 1996 c 408 art 4 s 2, 3; 1997 c 239 art 8 s 28, 29; 1999 c 194 s 6; 1999 c 216 art 3 s 4-6; 2000 c 311 art 4 s 1; 2000 c 478 art 2 s 4; 1Sp2001 c 8 art 12 s 16; 2007 c 54 art 3 s 14; 2009 c 83 art 2s 37.
Subdivision 2, paragraph (f), was found unconstitutional in State v. Blooflat, 671 N.W.2d 591 (Minn. Ct. App. 2003).