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

Minn. Stat. § 609.0342 (2026)

Maximum Punishment For Gross Misdemeanors

✓ current as of May 2026
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(a) Any law of this state that provides for a maximum sentence of imprisonment of one year or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine of $3,000 and a maximum sentence of imprisonment of 364 days.

(b) Any sentence of imprisonment for one year or 365 days imposed or executed before July 1, 2023, shall be deemed to be a sentence of imprisonment for 364 days. A court may at any time correct or reduce such a sentence pursuant to rule 27.03, subdivision 9, of the Rules of Criminal Procedure and shall issue a corrected sentencing order upon motion of any eligible defendant.

Notes of Decisions
Cited in 6 cases (6 in the last 5 years), 2023–2026 · leading case: State of Minnesota v. Samuel Alejondro Torrez (Minn. Ct. App. 2024).
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State of Minnesota v. Samuel Alejondro Torrez (Minn. Ct. App. 2024). · cites it 10× “” Minn. Stat. § 609.0342 (b). The district court imposed a gross-misdemeanor 10 sentence of 365 days in March 2023.”
State of Minnesota v. Henry James Johnson, Jr. (Minn. Ct. App. 2023). · cites it 4× “6, § 6 at 736-37 (to be codified at Minn. Stat. § 609.0342 ). 8”
State of Minnesota v. Erick Martinez-Mondragon (Minn. Ct. App. 2024). · cites it 4× “6, § 6 (to be codified at Minn. Stat. § 609.0342 (Supp. 2023)). This statute applies to Martinez-Mondragon because he pleaded guilty to a gross misdemeanor for the third-degree DWI.”
State of Minnesota v. Larry Artis Moore, Jr. (Minn. Ct. App. 2024). · cites it 3× “52, art 6, § 6 at 736-37 (codified at Minn. Stat. § 609.0342 (Supp. 2023)). The adjustment is retroactive.”
State of Minnesota v. Samuel Alejondro Torrez (Minn. 2025). · cites it 2× “The district court imposed a 365-day sentence on the gross misdemeanor conviction, but a statute enacted in 2023 and retroactively applicable to Torrez’s sentence requires gross misdemeanor sentences to be 364 days or fewer.”
Duane Charles Hippe, Jr. v. Dakota Cnty. Sheriff Joe Leko (Minn. Ct. App. 2026). · cites it 2× “2 Under Minnesota Statutes section 609.0342(b) (Supp. 2023), “[a]ny sentence of imprisonment for .”
Minn. Stat. § 609.0342(a): 1 case
State of Minnesota v. Samuel Alejondro Torrez (Minn. Ct. App. 2024). “” Minn. Stat. § 609.0342 (b). The district court imposed a gross-misdemeanor 10 sentence of 365 days in March 2023.”
Minn. Stat. § 609.0342(b): 1 case
Duane Charles Hippe, Jr. v. Dakota Cnty. Sheriff Joe Leko (Minn. Ct. App. 2026). “2 Under Minnesota Statutes section 609.0342(b) (Supp. 2023), “[a]ny sentence of imprisonment for .”
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