(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. 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. 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.
‹ Prev All Minnesota sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.