Minn. Stat. » CHAPTER 609. CRIMINAL CODE
Minnesota Statutes

Minn. Stat. § 609.03 (2026)

Punishment When Not Otherwise Fixed

✓ current as of May 2026
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If a person is convicted of a crime for which no punishment is otherwise provided the person may be sentenced as follows:

(1) If the crime is a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) If the crime is a gross misdemeanor, to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or

(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both; or

(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified term of not more than six months if the fine is not paid.

Notes of Decisions
Cited in 27 cases, 1967–2018 · leading case: State v. Shattuck, 704 N.W.2d 131 (Minn. 2005).
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State v. Shattuck, 704 N.W.2d 131 (Minn. 2005). · cites it 4× “Minn. Stat. §§ 609.03 ; 609.10 (2004). The majority correctly points out that the former parole board, which determined actual release dates for inmates, no longer exists, and that the legislature never intended judges to have unfettered discretion in sentencing.”
State v. Guminga, 395 N.W.2d 344 (Minn. 1986). · cites it 12× “Under Minn.Stat. § 609.03 (1984), a defendant who commits a gross misdemeanor may be sentenced to "imprisonment for not more than one year or to payment of a fine of not more than $3,000 or both.”
State v. Weltzin, 630 N.W.2d 406 (Minn. 2001). · cites it 8× “1 Minn.Stat. § 609.03, subd. 3 (2000). At arraignment on May 5, 1999, a “tab charge” was entered into the record because the state had not entered a complaint by the date of the arraignment.”
State v. Willis, 332 N.W.2d 180 (Minn. 1983). · cites it 4× “Minn.Stat. § 609.03(2) (1982). Defendant Willis' prior conviction under § 169.”
State v. Boecker, 893 N.W.2d 348 (Minn. 2017). · cites it 2× “2 (2016); Minn. Stat. § 609.03 (2016). My answer is different.”
State v. Johnson, 598 N.W.2d 680 (Minn. 1999). · cites it 4× “See Minn.Stat. §§ 609.03, 609.033 (1998). Repeat violations of some of the underlying offenses result in convictions for gross misdemeanors.”
State v. Strobel, 921 N.W.2d 563 (Minn. Ct. App. 2018). · cites it 4× “See Minn. Stat. § 609.03 (2) (2016) (limiting sentences for gross misdemeanors where punishment is not otherwise fixed to no more than one year).”
Thomas v. State, 634 A.2d 1 (Md. 1993). · cites it 2× “Minnesota 3 months and/or $700, Minn. Stat. §§ 609.03 and 609.224 (1987).”
Jake's, Ltd., Inc. Richard J. Jacobson, — v. City of Coates, —, 356 F.3d 896 (8th Cir. 2004). “A violation of the City’s Zoning Ordinance is punishable as a misdemeanor.”
Epps v. State, 634 A.2d 20 (Md. 1993). · cites it 2× “504 (1991), Minnesota, see Minn. Stat. §§ 609.03 and 609.224 (1987), and Oklahoma, see Okla.”
State v. Borst, 154 N.W.2d 888 (Minn. 1967). · cites it 2× “§ 609.03(2). Section 611.07, subd. 1, provides that counsel may be appointed for an indigent defendant charged with a felony or gross misdemeanor.”
Riley v. Jankowski, 713 N.W.2d 379 (Minn. Ct. App. 2006). · cites it 2× “1, is a gross misdemeanor, and a person convicted of a gross misdemeanor for which no other punishment is provided may be sentenced “to imprisonment for not more than one year,” Minn.Stat. § 609.03(2) (2004), they had a right to a jury trial on the claim that they violated Minn.”
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— Minn. Stat. § 609.03(2) — 7 cases
State v. Willis, 332 N.W.2d 180 (Minn. 1983). “Minn.Stat. § 609.03(2) (1982). Defendant Willis' prior conviction under § 169.”
State v. Borst, 154 N.W.2d 888 (Minn. 1967). “§ 609.03(2). Section 611.07, subd. 1, provides that counsel may be appointed for an indigent defendant charged with a felony or gross misdemeanor.”
Riley v. Jankowski, 713 N.W.2d 379 (Minn. Ct. App. 2006). “1, is a gross misdemeanor, and a person convicted of a gross misdemeanor for which no other punishment is provided may be sentenced “to imprisonment for not more than one year,” Minn.Stat. § 609.03(2) (2004), they had a right to a jury trial on the claim that they violated Minn.”
State v. Folstrom, 331 N.W.2d 231 (Minn. 1983).
State v. Young, 294 N.W.2d 728 (Minn. 1980).
— Minn. Stat. § 609.03(3) — 1 case
State of Minnesota v. Dylan Ronald Plessel (Minn. Ct. App. 2014).
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