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Subdivision 1.Definition.
As used in this section, "criminal gang" means any ongoing organization, association, or group of three or more persons, whether formal or informal, that:
(1) has, as one of its primary activities, the commission of one or more of the offenses listed in section 609.11, subdivision 9;
(2) has a common name or common identifying sign or symbol; and
(3) includes members who individually or collectively engage in or have engaged in a pattern of criminal activity.
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Subd. 2.Crimes.
A person who commits a crime for the benefit of, at the direction of, in association with, or motivated by involvement with a criminal gang, with the intent to promote, further, or assist in criminal conduct by gang members is guilty of a crime and may be sentenced as provided in subdivision 3.
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Subd. 3.Penalty.
(a) If the crime committed in violation of subdivision 2 is a felony, the statutory maximum for the crime is five years longer than the statutory maximum for the underlying crime. If the crime committed in violation of subdivision 2 is a felony, and the victim of the crime is a child under the age of 18 years, the statutory maximum for the crime is ten years longer than the statutory maximum for the underlying crime.
(b) If the crime committed in violation of subdivision 2 is a misdemeanor, the person is guilty of a gross misdemeanor.
(c) If the crime committed in violation of subdivision 2 is a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $15,000, or both.
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Subd. 4.Mandatory minimum sentence.
(a) Unless a longer mandatory minimum sentence is otherwise required by law, or the court imposes a longer aggravated durational departure, or a longer prison sentence is presumed under the Sentencing Guidelines and imposed by the court, a person convicted of a crime described in subdivision 3, paragraph (a), shall be committed to the custody of the commissioner of corrections for not less than one year plus one day.
(b) Any person convicted and sentenced as required by paragraph (a) is not eligible for probation, parole, discharge, work release, or supervised release until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 242.19, 243.05, 244.04, 609.12, and 609.135.
Notes of Decisions
Cited in
68
cases, 1992–2019 · leading case:
State v. Frazier, 649 N.W.2d 828 (Minn. 2002).
State v. Frazier, 649 N.W.2d 828 (Minn. 2002).
· cites it 366× “Despite his plea, Frazier asked the district court to sentence him without regard to the crime committed for the benefit of a gang statute, Minn.Stat. § 609.229 (2000). He argued that the statute, as applied, denies equal protection and due process under the federal and state…”
State v. Mahkuk, 736 N.W.2d 675 (Minn. 2007).
· cites it 28× “[3] Based on our careful review of Officer Setzer's testimony, we are satisfied that his testimony did not exceed the permissible scope of gang expert testimony as set out in our case law. IV. Next we address Mahkuk's claim that the trial court abused its discretion in ruling…”
State v. Jackson, 714 N.W.2d 681 (Minn. 2006).
· cites it 26× “" Minn.Stat. § 609.229 (2004). Section 609.”
State v. Lopez-Rios, 669 N.W.2d 603 (Minn. 2003).
· cites it 24× “185(a)(1) (2002); first-degree premeditated murder committed for the benefit of a gang, Minn.Stat. §§ 609.229, subd. 2 (2002), and 609.”
State v. DeShay, 669 N.W.2d 878 (Minn. 2003).
· cites it 19× “See Minn.Stat. § 609.229, subd. 1. Next, it needed to decide if the crime was committed "for the benefit of, at the direction of, in association with, or motivated by involvement with a criminal gang.”
State v. Burrell, 743 N.W.2d 596 (Minn. 2008).
· cites it 20× “See Minn.Stat. § 609.229, subds. 3-4 (2006). Inability to prove with admissible evidence that the underlying crimes were committed for the benefit of a gang, however, would not preclude prosecution of the murder and the attempt.”
State v. Jackson, 770 N.W.2d 470 (Minn. 2009).
· cites it 23× “See Minn.Stat. § 609.229, subd. 2 (crimes committed for the benefit of a gang).”
State v. Caldwell, 803 N.W.2d 373 (Minn. 2011).
· cites it 11× “was insufficient evidence that the group of which he was a member met the definition of a gang under Minn. Stat. § 609.229 (2010); (4) he was denied effective assistance of counsel; and (5) newly discovered evidence entitled him to a new trial.”
State v. Henderson, 620 N.W.2d 688 (Minn. 2001).
· cites it 10× “185(1) (2000), and guilty of a crime committed for the benefit of a gang in violation of Minn.Stat. § 609.229, subds. 1 and 2 (2000), in connection with the shooting death of Juwan Gatlin.”
State v. Yang, 774 N.W.2d 539 (Minn. 2009).
· cites it 8× “In this direct appeal, appellant argues that (1) there was no reasonable articula-ble suspicion to stop the vehicle in which he was a passenger; (2) Minn.Stat. § 609.229 (2004), the for-the-benefit-of-a-gang statute, is unconstitutional; (3) the district court improperly…”
State v. Frazier, 631 N.W.2d 432 (Minn. Ct. App. 2001).
· cites it 31× “*434 OPINION KALITOWSKI, Judge Appellant contends that Minn.Stat. § 609.229 (1998), the statute that makes it a crime to commit certain enumerated offenses “for the benefit of a gang,” violates the equal protection guarantees of the Minnesota Constitution.”
State v. Burrell, 772 N.W.2d 459 (Minn. 2009).
· cites it 13× “185(a)(3); first-degree murder committed during a drive-by shooting and committed for the benefit of a gang, Minn. Stat. § 609.229 , subd. 2; attempted premeditated first-degree murder, Minn.”
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