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609.3455.4(a)(2)(ii)
Statute ID:
18247
Statute Function ID:
37519
Dangerous Sex Offenders-Mandatory life sentence; Upward durational departure on previous conviction
In Effect
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Function Details
History
Text
Penalty
Classifications
Offense Level:
Felony (F)
General Offense Code:
Person (1)
Offense Summary Code & Rank:
Criminal Sexual Conduct (L) (Rank 3)
Detailed Offense Code:
Criminal Sexual Conduct (110)
Offense Severity Level:
Function Text:
UCR Code
Description
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.3455.4(a)(2)(ii)
Enactment Date:
Jun 30, 2021
Effective Date:
Sep 15, 2021
Expiration Date:
Repealed?:
No
Summary Text:
Dangerous Sex Offenders-Mandatory life sentence; Upward durational departure on previous conviction
Statute ID:
18247
Created:
Sep 2, 2021 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 2, 2021 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Amended 2021 SS1 C11 Art4 Sect 21; Amends (a) and (b)
Summary Text:
Dangerous Sex Offenders-Mandatory life sentence; Upward durational departure on previous conviction
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/3455.html
Legislative Session:
2021 - Special 1
Session Law Text?:
No
Statute text last updated on:
Sep 2, 2021
(a) Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the court shall sentence a person to imprisonment for life if the person is convicted of violating section 609.342, 609.343, 609.344, 609.345, 609.3453, or 609.3458 and: (1) the person has two previous sex offense convictions; (2) the person has a previous sex offense conviction and: (i) the fact finder determines that the present offense involved an aggravating factor that would provide grounds for an upward durational departure under the sentencing guidelines other than the aggravating factor applicable to repeat criminal sexual conduct convictions; (ii) the person received an upward durational departure from the sentencing guidelines for the previous sex offense conviction; or (iii) the person was sentenced under this section or Minnesota Statutes 2004, section 609.108, for the previous sex offense conviction; or (3) the person has two prior sex offense convictions, and the fact finder determines that the prior convictions and present offense involved at least three separate victims, and: (i) the fact finder determines that the present offense involved an aggravating factor that would provide grounds for an upward durational departure under the sentencing guidelines other than the aggravating factor applicable to repeat criminal sexual conduct convictions; (ii) the person received an upward durational departure from the sentencing guidelines for one of the prior sex offense convictions; or (iii) the person was sentenced under this section or Minnesota Statutes 2004, section 609.108, for one of the prior sex offense convictions. (b) Notwithstanding paragraph (a), a court may not sentence a person to imprisonment for life for a violation of section 609.345, unless the person's previous or prior sex offense convictions that are being used as the basis for the sentence are for violations of section 609.342, 609.343, 609.344, 609.3453, or 609.3458, or any similar statute of the United States, this state, or any other state.
