2025 Session Last amended: 1986 session

§ 609.385 — Treason

Plain-Language Summary

Treason against Minnesota means waging war against the state or helping its enemies. It carries a mandatory life sentence. 'Levying war' includes an armed insurrection to prevent state laws from being carried out by force. A conviction requires either two witnesses to the same act or the defendant's confession in open court.

609.385 TREASON.

Subdivision 1.Definition.

“Levying war” includes an act of war or an insurrection of several persons with intent to prevent, by force and intimidation, the execution of a statute of the state, or to force its repeal. It does not include either a conspiracy to commit an act of war or a single instance of resistance for a private purpose to the execution of a law. §

Subd. 2.Acts constituting.

Any person owing allegiance to this state who does either of the following is guilty of treason against this state and shall be sentenced to life imprisonment:

(1) levies war against this state; or

(2) adheres to the enemies of this state, giving them aid and comfort. §

Subd. 3.Testimony required.

No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on the person’s confession in open court.

History:

1963 c 753 art 1 s 609.385; 1986 c 444

History: History: 1963 c 753 art 1 s 609.385; 1986 c 444

Practical Notes

This is Minnesota’s treason statute, separate from federal treason law. The high evidence requirement of two witnesses to the same act makes conviction difficult, which is intentional to prevent politically motivated prosecutions. A conspiracy to commit treason or resisting a law for personal reasons does not qualify as treason.

Source: Minnesota Office of the Revisor of Statutes