US Laws, Codes, Statutes & Cases

     609.106 Heinous crimes. 

    Subdivision 1.    Terms.  (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. 

    Subd. 2.    Life without release.  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); 

    (2) the person is convicted of committing first degree 
 murder in the course of a kidnapping under section 609.185, 
 clause (3); or 

    (3) the person is convicted of first degree murder under 
 section 609.185, clause (3), (5), or (6), 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. 

    HIST: 1998 c 367 art 2 s 6; art 6 s 3,15; 2002 c 401 art 1 s 
 13; 2005 c 136 art 2 s 5; art 17 s 9 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.