§ 609.04 — Conviction of Lesser Offense
Plain-Language Summary
Allows a person charged with a crime to be convicted of a lesser included offense instead. A lesser included offense can be a lower degree of the same crime, an attempt, or a crime that is automatically proved by proving the charged crime. A conviction or acquittal bars future prosecution for included offenses.
609.04 CONVICTION OF LESSER OFFENSE.
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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
History: History: 1963 c 753 art 1 s 609.04; Ex1971 c 27 s 45