Minnesota § 609.04 - CONVICTION OF LESSER OFFENSE
Full text of Minnesota Minnesota Statutes § 609.04 — CONVICTION OF LESSER OFFENSE, with citation guidance and answers to common questions.
§ 609.04. CONVICTION OF LESSER OFFENSE
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
Official Publication of the State of Minnesota
Revisor of Statutes
Source: official Minnesota text · Last verified 2026-08-27
Frequently Asked Questions About Minnesota § 609.04
What does Minnesota Statutes § 609.04 cover?
Section 609.04 ("CONVICTION OF LESSER OFFENSE") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 609.04?
A common citation format is "Minnesota Statutes § 609.04" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 609.04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.