Minnesota Statutes

Minn. Stat. § 609.125 (2026)

Sentence For Misdemeanor Or Gross Misdemeanor

✓ current as of May 2026

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Subdivision 1.Sentences available.

(a) Upon conviction of a misdemeanor or gross misdemeanor the court, if sentence is imposed, may, to the extent authorized by law, sentence the defendant:

(1) to imprisonment for a definite term; or

(2) to payment of a fine without imprisonment or as an intermediate sanction on a stayed sentence; or

(3) to both imprisonment for a definite term and payment of a fine; or

(4) to payment of court-ordered restitution in addition to either imprisonment or payment of a fine, or both; or

(5) to payment of a local correctional fee as authorized under section 609.102 in addition to any other sentence imposed by the court; or

(6) to perform work service in a restorative justice program 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 4 cases, 1995–2019 · leading case: State v. Pflepsen, 590 N.W.2d 759 (Minn. 1999).

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State v. Pflepsen, 590 N.W.2d 759 (Minn. 1999). · cites it 4× “Under Minn.Stat. § 609.125, subd. 1(4), a district court is expressly authorized to order restitution as part of a misdemeanor sentence.”

State v. Terpstra, 546 N.W.2d 280 (Minn. 1996). · cites it 4× “Minn.Stat. § 609.125 (1994) (emphasis added).”

State v. Boettcher, 931 N.W.2d 376 (Minn. 2019). · cites it 2× “To determine "whether to order restitution" and "the amount of restitution," a district court must consider the defendant's ability to pay and the loss sustained by the victim of the crime.”

United States v. Julius Randolph Johnson, 43 F.3d 1211 (8th Cir. 1995). · cites it 2× “2(c)(l) for his prior misdemeanor conviction because the state sentencing judge did not impose a fine, imprisonment, or a combination thereof pursuant to Minn.Stat.Ann. § 609.125 (West Supp.1994), the governing Minnesota statute for misdemeanor sentences.”

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