§
Subdivision 1.Sentences available.
(a) Upon conviction of a felony and compliance with the other provisions of this chapter the court, if it imposes sentence, may sentence the defendant to the extent authorized by law as follows:
(1) to life imprisonment; or
(2) to imprisonment for a fixed term of years set by the court; or
(3) to both imprisonment for a fixed term of years and payment of a fine; or
(4) to payment of a fine without imprisonment or as an intermediate sanction on a stayed sentence; or
(5) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or
(6) to payment of a local correctional fee as authorized under section 609.102 in addition to any other sentence imposed by the court.
(b) If the court imposes a fine or orders restitution under paragraph (a), payment is due on the date imposed unless the court otherwise establishes a due date or a payment plan.
§
Subd. 2.Restitution.
(a) As used in this section, "restitution" includes:
(1) payment of compensation to the victim or the victim's family; and
(2) if the victim is deceased or already has been fully compensated, payment of money to a victim assistance program or other program directed by the court.
"Restitution" includes payment of compensation to a government entity that incurs loss as a direct result of a crime.
(b) When the defendant does not pay the entire amount of court-ordered restitution and the fine at the same time, the court may order that all restitution shall be paid before the fine is paid.
Notes of Decisions
Cited in
66
cases (
7 in the last 5 years), 1972–2025 · leading case:
State v. Gaiovnik, 794 N.W.2d 643 (Minn. 2011).
State v. Gaiovnik, 794 N.W.2d 643 (Minn. 2011).
· cites it 32× “The State contends that the court had the authority under Minn.Stat. § 609.10 (2010) to order restitution even in the absence of a victim’s request.”
State v. Shattuck, 704 N.W.2d 131 (Minn. 2005).
· cites it 12× “[13] Minn.Stat. § 609.10, subd. 1(2) (2004). Thus, under the dissent's proposed remedy, the judge at sentencing would both select a sentence within a broad range, and effectively determine the defendant's actual release date.”
State v. Henderson, 620 N.W.2d 688 (Minn. 2001).
· cites it 7× “095 9 (providing legislature has exclusive authority to define range of sentences), and Minn.Stat. § 609.10 10 (listing sentences available).”
State v. Jones, 678 N.W.2d 1 (Minn. 2004).
· cites it 4× “" Minn.Stat. §§ 609.10, subd. 2(a)(1) (2002); 609.”
State v. Christensen, 901 N.W.2d 648 (Minn. Ct. App. 2017).
· cites it 6× “” Minn. Stat. § 609.10 , subd. 1(a) (2016).”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “387, providing for life imprisonment and not death as sentence; see Minn. Stat. § 609.10 (1986), sentences available do not include death penalty, and § 609.”
Furman v. Georgia, 408 U.S. 238 (1972).
· cites it 2× “[1] Minn. Stat. § 609.10 (1971). [2] Minn. Laws 1911, c.”
State v. Krotzer, 548 N.W.2d 252 (Minn. 1996).
· cites it 4× “Furthermore, a stay of adjudication is not among the available sentences for felony convictions listed in Minn.Stat. § 609.10 (1994). See also Minn.”
State v. Richards, 552 N.W.2d 197 (Minn. 1996).
· cites it 4× “A trial court may, as part of a sentence, order a defendant either to pay restitution, Minn.Stat. § 609.10(5) (1994), or to reimburse sums expended by the prosecution or by the government to compensate a public defender or other appointed counsel.”
State v. Lindsey, 632 N.W.2d 652 (Minn. 2001).
· cites it 2× “Lindsey acknowledges that under Minn. Stat. § 609.10 , subd. 5 (2000), it is within a trial court’s discretion to order restitution when imposing a felony sentence.”
State v. Meredyk, 754 N.W.2d 596 (Minn. Ct. App. 2008).
· cites it 4× “Minn.Stat. §§ 609.10, subd. 1(5), 609.125, subd.”
State v. Maidi, 537 N.W.2d 280 (Minn. 1995).
· cites it 4× “Minn.Stat. § 609.10(5) *284 (1994). The restitution statute, Minn.”
— Minn. Stat. § 609.10(1) — 1 case
— Minn. Stat. § 609.10(2) — 1 case
State v. Shattuck, 704 N.W.2d 131 (Minn. 2005).
“[13] Minn.Stat. § 609.10, subd. 1(2) (2004). Thus, under the dissent's proposed remedy, the judge at sentencing would both select a sentence within a broad range, and effectively determine the defendant's actual release date.”
— Minn. Stat. § 609.10(5) — 12 cases
State v. Richards, 552 N.W.2d 197 (Minn. 1996).
“A trial court may, as part of a sentence, order a defendant either to pay restitution, Minn.Stat. § 609.10(5) (1994), or to reimburse sums expended by the prosecution or by the government to compensate a public defender or other appointed counsel.”
State v. Maidi, 537 N.W.2d 280 (Minn. 1995).
“Minn.Stat. § 609.10(5) *284 (1994). The restitution statute, Minn.”
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