Minnesota Statutes

Minn. Stat. § 609.1095 (2026)

Increased Sentences For Certain Dangerous And Repeat Felony Offenders

✓ current as of May 2026

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Subdivision 1.Definitions.

(a) As used in this section, the following terms have the meanings given.

(b) "Conviction" means any of the following accepted and recorded by the court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender committed the next felony resulting in a conviction and before the offense for which the offender is being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the following laws of this state or any similar laws of the United States or any other state: sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.247; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1 or 1b; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.

Subd. 2.Increased sentences for dangerous offender who commits third violent crime.

Whenever a person is convicted of a violent crime that is a felony, and the judge is imposing an executed sentence based on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose an aggravated durational departure from the presumptive imprisonment sentence up to the statutory maximum sentence if the offender was at least 18 years old at the time the felony was committed, and:

(1) the court determines on the record at the time of sentencing that the offender has two or more prior convictions for violent crimes; and

(2) the fact finder determines that the offender is a danger to public safety. The fact finder may base its determination that the offender is a danger to public safety on the following factors:

(i) the offender's past criminal behavior, such as the offender's high frequency rate of criminal activity or juvenile adjudications, or long involvement in criminal activity including juvenile adjudications; or

(ii) the fact that the present offense of conviction involved an aggravating factor that would justify a durational departure under the Sentencing Guidelines.

Subd. 3.Mandatory sentence for dangerous offender who commits third violent felony.

(a) Unless a longer mandatory minimum sentence is otherwise required by law or the court imposes a longer aggravated durational departure under subdivision 2, a person who is convicted of a violent crime that is a felony must be committed to the commissioner of corrections for a mandatory sentence of at least the length of the presumptive sentence under the Sentencing Guidelines if the court determines on the record at the time of sentencing that the person has two or more prior felony convictions for violent crimes. The court shall impose and execute the prison sentence regardless of whether the guidelines presume an executed prison sentence.

Any person convicted and sentenced as required by this subdivision is not eligible for probation, parole, discharge, or work release, until that person has served the full term of imprisonment imposed by the court, notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.

(b) For purposes of this subdivision, "violent crime" does not include a violation of section 152.023 or 152.024.

Subd. 4.Increased sentence for offender who commits sixth felony.

Whenever a person is convicted of a felony, and the judge is imposing an executed sentence based on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose an aggravated durational departure from the presumptive sentence up to the statutory maximum sentence if the factfinder determines that the offender has five or more prior felony convictions and that the present offense is a felony that was committed as part of a pattern of criminal conduct.

Notes of Decisions

Cited in 92 cases (9 in the last 5 years), 1999–2026 · leading case: State v. Kendell, 723 N.W.2d 597 (Minn. 2006).

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State v. Kendell, 723 N.W.2d 597 (Minn. 2006). · cites it 20× “The district court denied the motion, concluding that the offenses arose from a single behavioral incident and that joinder of the offenses would not prejudice Kendell. Subsequently, following a jury trial at which Kendell neither testified nor presented any witnesses, Kendell…”

State of Minnesota v. Michael David Franklin, 861 N.W.2d 67 (Minn. 2015). · cites it 46× “1 (2014), before an offender is sentenced on the current offense, can be considered when determining whether the offender “has five or more prior felony convictions” under the career-offender statute, Minn.Stat. § 609.1095, subd. 4 (2014). Answering the question in the…”

Vickla v. State, 793 N.W.2d 265 (Minn. 2011). · cites it 29× “After pleading guilty to offering forged checks in an amount greater than $35,000, waiving his right to a jury trial on the sentencing issues, and admitting he qualified as a career offender under Minn.Stat. § 609.1095, subd. 4 (2010), respondent William Paul Vickla received the…”

Neal v. State, 658 N.W.2d 536 (Minn. 2003). · cites it 14× “Using the dangerous-offender statute, Minn.Stat. § 609.1095, subd. 2 (2002), the court sentenced Neal to 480 months for the kidnapping, which is the statutory maximum and more than four times the presumptive sentence.”

State v. Chauvin, 723 N.W.2d 20 (Minn. 2006). · cites it 11× “In October 2004, about three weeks before trial, the state filed and served on Chauvin a written notice that it would seek an enhanced sentence under Minn.Stat. § 609.1095, subd. 4 (2004) (amended June 2, 2005, eff.”

State v. Outlaw, 748 N.W.2d 349 (Minn. Ct. App. 2008). · cites it 12× “The state filed a motion for an aggravated sentence under Minn.Stat. § 609.1095, subd. 4 (2006). The state presented evidence of appellant’s 11 prior felony convictions at the Blakely hearing, and the jury returned a special-verdict form finding that the burglary was committed…”

State v. Adkins, 706 N.W.2d 59 (Minn. Ct. App. 2005). · cites it 18× “The state moved for an upward sentencing departure under Minn.Stat. § 609.1095, subd. 4 (2004). Based on appellant’s prior felony convictions, including eight burglary-related convictions, the district court found that the current offense was committed as part of a pattern of…”

State v. Jorgenson, 758 N.W.2d 316 (Minn. Ct. App. 2008). · cites it 17× “Appellant first challenges the sufficiency of the evidence on the terroristic threats charge, arguing that the threats were, at most, threats to commit misdemeanor assaults, which are not “crimes of violence” under Minn.Stat. §§ 609.1095 or 609.713. The state responds that the…”

State v. Henderson, 706 N.W.2d 758 (Minn. 2005). · cites it 7× “The district court departed and imposed a sentence of 144 months under the career offender statute, Minn.Stat. § 609.1095, after finding that Henderson had five or more prior felony convictions and that the present offense was committed as part of a pattern of criminal conduct.”

State v. McClenton, 781 N.W.2d 181 (Minn. Ct. App. 2010). · cites it 8× “A subsequent Blakely trial took place on the aggravating factor of whether there was a pattern of criminal conduct under Minn. Stat. § 609.1095 , subd. 4 (2006). Among other things, seven criminal complaints were admitted in connection with appellant’s prior offenses.”

State v. Jackson, 749 N.W.2d 353 (Minn. 2008). · cites it 4× “Accordingly, we reverse Jackson's enhanced sentence and remand for imposition of the presumptive sentence or, unless waived by Jackson, the empanelling of a resentencing jury to determine the existence of facts in support of legitimate aggravating factors for enhanced…”

State v. Fairbanks, 688 N.W.2d 333 (Minn. Ct. App. 2004). · cites it 10× “To support the greater-than-double departure on the kidnapping sentence, the court relied on Minn.Stat. § 609.1095, subd. 2 (2002), and four additional factors: the victim was particularly vulnerable; Fairbanks treated the victim with particular cruelty; he engaged in a…”

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