Criminal penalties in Minnesota
Checked in October 2026 against the Minnesota Statutes.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How Minnesota sets penalties
- Minnesota Statutes state most penalties as 'may be sentenced to imprisonment for not more than' a number of years, with a fine of up to a stated amount, or both. There is usually no statutory minimum prison term.
- A felony is a crime for which a sentence of one year or more may be imposed. A misdemeanor carries up to 90 days and a fine of up to $1,000. A gross misdemeanor is any crime that is not a felony or a misdemeanor, with a fine of up to $3,000 (§ 609.02).
- Many crimes come in degrees, from first (the most serious) to fifth. The tables show each degree, from the mildest to the most serious.
- Minnesota judges also use the Minnesota Sentencing Guidelines, which set presumptive sentences below the statutory maximums. This table shows only the statutory maximums and any statutory minimums.
Death penalty: No. Minnesota has no death penalty. Murder in the first degree carries life imprisonment (Minn. Stat. § 609.185).
First-degree murder
Imprisonment for life
Murder in the first degree (Felony)
- Least
- Life
- Most
- Imprisonment for life
First-degree murder covers a killing with premeditation and intent, a death in the course of first- or second-degree criminal sexual conduct with force, a killing with intent while committing burglary, aggravated robbery, kidnapping or arson, and other listed cases.
Second-degree murder
Up to 25 years (third degree) up to 40 years (second degree)
Murder in the third degree (a death caused by an act eminently dangerous to others, without intent to kill) (Felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- A fine of up to $40,000 for the drug-sale form of the offence
Murder in the second degree (intent to kill, without premeditation, or an unintentional death in the course of another felony) (Felony)
- Least
- No minimum term set by the statute
- Most
- 40 years
Voluntary manslaughter
Up to 10 years (second degree) up to 15 years (first degree, heat of passion)
Manslaughter in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Manslaughter in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- A fine of up to $30,000
First-degree manslaughter includes intentionally causing a death in the heat of passion provoked by words or acts that would provoke a person of ordinary self-control. Second-degree manslaughter covers a death caused by culpable negligence that consciously takes chances of causing death or great bodily harm.
Robbery
Up to 10 years (robbery) up to 20 years (armed or injuring)
Robbery (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Aggravated robbery in the second degree (implying possession of a dangerous weapon) (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- A fine of up to $30,000
Aggravated robbery in the first degree (armed with a dangerous weapon, or inflicting bodily harm) (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $35,000
Burglary
Up to 5 years (third degree) up to 20 years (first degree)
Burglary in the third degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Burglary in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Burglary in the first degree (including burglary of an occupied dwelling) (Felony)
- Least
- 6 months for burglary of an occupied dwelling (mandatory minimum)
- Most
- 20 years
- Fine
- A fine of up to $35,000
Arson
Up to 5 years (third degree) up to 20 years (first degree)
Arson in the third degree (damage to property worth $300 or more, but less than $1,000) (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Arson in the second degree (a building not used as a dwelling, or other property worth more than $1,000) (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Arson in the first degree (a dwelling, or a listed building) (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $20,000
Aggravated assault
Up to 5 years (third degree) up to 20 years (first degree, great bodily harm)
Assault in the third degree (substantial bodily harm) (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Assault in the second degree (with a dangerous weapon) (Felony)
- Least
- No minimum term set by the statute
- Most
- 7 years
- Fine
- A fine of up to $14,000
Up to 10 years and a fine of up to $20,000 where the assault with a dangerous weapon inflicts substantial bodily harm.
Assault in the first degree (great bodily harm) (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $30,000
Rape and sexual assault
Up to 10 years (fourth degree) up to 30 years (first degree)
Criminal sexual conduct in the fourth degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Criminal sexual conduct in the third degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- A fine of up to $30,000
Criminal sexual conduct in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- A fine of up to $35,000
Criminal sexual conduct in the first degree (Felony)
- Least
- No minimum term set by the statute
- Most
- 30 years
- Fine
- A fine of up to $40,000
Minnesota calls these offences 'criminal sexual conduct' and grades them in four degrees by the nature of the act and the circumstances (penetration or contact, force, age of the victim, and the relationship). The maximum shown is for an offence against an adult or a minor of the kind that the degree covers. Mandatory minimum sentences apply to repeat sex offenders (§ 609.3455), which we have not read.
Kidnapping
Up to 20 years (victim released safely) up to 40 years
Kidnapping where the victim is released in a safe place without great bodily harm (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $35,000
Kidnapping where the victim is not released in a safe place, or suffers great bodily harm (Felony)
- Least
- No minimum term set by the statute
- Most
- 40 years
- Fine
- A fine of up to $50,000
Embezzlement
Up to 5 years up to 20 years, depending on the value taken
Theft of property or services worth more than $1,000 and up to $5,000 (and the other circumstances of the third tier) (Felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Theft of property or services worth more than $5,000 (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Theft of a firearm, or of property or services worth more than $35,000 (Felony)
- Least
- No minimum term set by the statute
- Most
- 20 years
- Fine
- A fine of up to $100,000
Minnesota has no separate embezzlement offence in the section we read. Taking, using or keeping another's property without consent and with intent to deprive is theft (§ 609.52), and the sentence depends on the value. The tiers below are the three highest. Lower values carry lower sentences, including gross misdemeanors and misdemeanors.
Forgery
Up to 3 years (forgery) up to 10 years (aggravated forgery)
Forgery (with intent to injure or defraud) (Felony)
- Least
- No minimum term set by the statute
- Most
- 3 years
- Fine
- A fine of up to $5,000
Up to 5 years where a forged writing is offered in evidence in the trial of a felony.
Aggravated forgery (falsely making or altering a writing that creates, ends or evidences legal rights, and similar) (Felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Drunk driving, first offence
A misdemeanor (up to 90 days) up to a gross misdemeanor (aggravated cases)
Driving while impaired in the fourth degree (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 90 days in jail
- Fine
- A fine of up to $1,000
The maximum is the general misdemeanor limit in § 609.02.
Driving while impaired in the third or second degree (Gross misdemeanor)
- Least
- Mandatory penalties apply in some cases (§ 169A.275)
- Most
- Less than one year in jail (a gross misdemeanor is a crime that is neither a felony nor a misdemeanor)
- Fine
- A fine of up to $3,000
Minnesota grades driving while impaired in four degrees. The ordinary first offence is fourth degree, a misdemeanor. A first offence with an aggravating factor can be a gross misdemeanor (second or third degree). The aggravating factors, such as a very high alcohol level or a child in the car, are in § 169A.03. Other penalties, such as licence revocation, also follow.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska.
