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Subdivision 1.To cause arrest or prosecution.
Whoever conspires with another to cause a third person to be arrested or prosecuted on a criminal charge knowing the charge to be false is guilty of a misdemeanor.
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Subd. 2.To commit crime.
Whoever conspires with another to commit a crime and in furtherance of the conspiracy one or more of the parties does some overt act in furtherance of such conspiracy may be sentenced as follows:
(1) if the crime intended is a misdemeanor, by a sentence to imprisonment for not more than 90 days or to payment of a fine of not more than $300, or both; or
(2) if the crime intended is murder in the first degree or treason, to imprisonment for not more than 20 years; or
(3) if the crime intended is any other felony or a gross misdemeanor, to imprisonment or to payment of a fine of not more than one-half the imprisonment or fine provided for that felony or gross misdemeanor or both.
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Subd. 3.Application of section jurisdiction.
This section applies if:
(1) the defendant in this state conspires with another outside of this state; or
(2) the defendant outside of this state conspires with another in this state; or
(3) the defendant outside of this state conspires with another outside of this state and an overt act in furtherance of the conspiracy is committed within this state by either of them; or
(4) the defendant in this state conspires with another in this state.
Notes of Decisions
Cited in
59
cases (
1 in the last 5 years), 1967–2024 · leading case:
State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001).
State v. Kuhnau, 622 N.W.2d 552 (Minn. 2001).
· cites it 12× “1, the conspiracy instruction used by the court actually tracked Minn.Stat. § 609.175, subd. 2, and 10 Minn.”
State v. Clark, 755 N.W.2d 241 (Minn. 2008).
· cites it 8× “" Minn.Stat. § 609.175, subd. 2 (2006). In order to prove conspiracy, the State's evidence must "objectively indicate[] an agreement" between the defendant and another person to commit a crime.”
Reed v. State, 793 N.W.2d 725 (Minn. 2010).
· cites it 4× “Much later, on January 12, 2005, Reed was indicted for conspiracy to commit murder in violation of Minn.Stat. § 609.175, subd. 2 (2010), and aiding and abetting murder under Minn.”
State of Minnesota v. Heather Leann Horst, 880 N.W.2d 24 (Minn. 2016).
· cites it 2× “1(1) (2014); and conspiracy to commit first- and second-degree murder, see Minn.Stat. §§ 609.175, subd. 2(8), 609.185(a)(1), 609.”
State v. Busse, 644 N.W.2d 79 (Minn. 2002).
· cites it 4× “(stating that the presumptive sentences under the Minnesota Sentencing Guidelines are based on the current crime and the criminal history of the defendant); Minn.Stat. § 609.175, subd. 2 (2000) (stating that the penalties for conspiracy are determined by looking to the severity…”
State v. Blanche, 696 N.W.2d 351 (Minn. 2005).
· cites it 3× “Allen was also arrested, but he was charged only with conspiracy to commit murder under Minn. Stat. § 609.175 , subd. 2(2). On June 30, 1998, a grand jury indicted all three for the foregoing charges.”
State v. Hansen, 312 N.W.2d 96 (Minn. 1981).
· cites it 4× “1(3) (1978); and (3) conspiracy to commit aggravated criminal damage to property in violation of Minn.Stat. § 609.175, subd. 2(3) (1980), and Minn.”
State v. Hatfield, 639 N.W.2d 372 (Minn. 2002).
· cites it 5× “A conspiracy exists when someone “conspires with another to commit a crime and in furtherance of the conspiracy one or more of the parties does some overt act in furtherance of such conspiracy * * Minn.Stat. § 609.175 (2000). In this case the jury found that Hatfield conspired…”
State v. Stewart, 643 N.W.2d 281 (Minn. 2002).
· cites it 4× “More specifically, appellant argues that the other crimes evidence should not have been admitted because the state did not prove the prior misconduct by clear and convincing evidence, the other crimes evidence was not relevant to the state's theory that the Basta shooting was…”
State v. Jacobson, 697 N.W.2d 610 (Minn. 2005).
· cites it 5× “14(e) (2004) and Minn.Stat. § 609.175 (2004), and conspiracy to commit forgery in violation of Minn.”
State v. Reed, 737 N.W.2d 572 (Minn. 2007).
· cites it 2× ““Whoever conspires with another to commit [first-degree murder] and in furtherance of the conspiracy one or more of the parties does some overt act in furtherance of such conspiracy may be sentenced [to] * * * imprisonment for not more than 20 years * * Minn. Stat. § 609.175 ,…”
State of Minnesota v. Forrest Grant Noggle, 881 N.W.2d 545 (Minn. 2016).
· cites it 2× “17 or for conspiracy to commit an offense under Minn.Stat. § 609.175, the presumptive duration is one-half of that found in the appropriate cell on the applicable Grid for the underlying offense.”
— Minn. Stat. § 609.175(1) — 2 cases
— Minn. Stat. § 609.175(2) — 2 cases
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