Minnesota Statutes

Minn. Stat. § 609.041 (2026)

Proof Of Prior Convictions

✓ current as of May 2026

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In a criminal prosecution in which the degree of the crime or the penalty for the crime depends, in whole or in part, on proof of the existence of a prior conviction, if the defendant contests the existence of or factual basis for a prior conviction, proof of it is established by competent and reliable evidence, including a certified court record of the conviction.

Notes of Decisions

Cited in 3 cases, 2010–2015 · leading case: State v. Eller, 780 N.W.2d 375 (Minn. Ct. App. 2010).

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State v. Eller, 780 N.W.2d 375 (Minn. Ct. App. 2010). · cites it 6× “” Minn.Stat. § 609.041 (2006) (emphasis added).”

State v. Craig, 807 N.W.2d 453 (Minn. Ct. App. 2011). · cites it 2× “Minn.Stat. § 609.041; Minn. R. Evid. 803(8).”

State of Minnesota v. Nathan Thomas Boutilier (Minn. Ct. App. 2015). · cites it 2× “” Minn. Stat. § 609.041 (2012). At trial, the state argued that Boutilier had three prior convictions for violating an order for protection (OFP).”

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