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Minnesota Statutes

Minn. Stat. § 609.251 (2026)

Double Jeopardy; Kidnapping

✓ current as of May 2026
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Notwithstanding section 609.04, a prosecution for or conviction of the crime of kidnapping is not a bar to conviction of or punishment for any other crime committed during the time of the kidnapping.

Notes of Decisions
Cited in 25 cases (1 in the last 5 years), 1984–2024 · leading case: State v. Swanson, 498 N.W.2d 435 (Minn. 1993).
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State v. Swanson, 498 N.W.2d 435 (Minn. 1993). · cites it 8× “Minn.Stat. § 609.251 (1992). In addition, first degree murder is excluded from the Minnesota Sentencing Guidelines.”
State v. Smith, 669 N.W.2d 19 (Minn. 2003). · cites it 4× “Laws 378 , 378-79 (codified at Minn.Stat. § 609.251 (1984)). Following that statutory change in sentencing, we decided State v.”
State v. Halvorson, 506 N.W.2d 331 (Minn. Ct. App. 1993). · cites it 6× “See Minn. Stat. § 609.251 (1990) (conviction for kidnapping not bar to conviction of another crime committed during kidnapping).”
Neal v. State, 658 N.W.2d 536 (Minn. 2003). · cites it 2× “Kidnapping, under Minn.Stat. § 609.251, subds. 1(3) and 2(2), is ranked by the Sentencing Guidelines as a level VII offense.”
State v. Bookwalter, 541 N.W.2d 290 (Minn. 1995). · cites it 2× “Except as provided in sections 609.251, 609.585, 609.21, subdivisions 3 and 4, 609.”
State v. Rodriguez, 505 N.W.2d 373 (Minn. Ct. App. 1993). · cites it 4× “Although Minn.Stat. § 609.251 (1990) specifically exempts kidnapping-related offenses from double jeopardy protection, the kidnapping in this case was the predicate felony necessarily proved in order to prove felony murder.”
State v. Crocker, 409 N.W.2d 840 (Minn. 1987). · cites it 2× “provide that, in order to prevent inequities due to variability in prosecutorial practices, the offender is assigned only one criminal history point when multiple sentences are imposed pursuant to section 609.251. In other words, although multiple sentencing is now permitted in…”
State v. Branson, 529 N.W.2d 1 (Minn. Ct. App. 1995). · cites it 4× “The state argues that consecutive sentences were independently permissible under Minn. Stat. § 609.251 (Supp.1993). That statute provides: [A] prosecution for or conviction of the crime of kidnapping is not a bar to conviction of or punishment for any other crime committed…”
State v. Castillo-Alvarez, 820 N.W.2d 601 (Minn. Ct. App. 2012). · cites it 2× “” Minn.Stat. § 609.251 (1996); see also State v.”
State v. Dooley, 380 N.W.2d 582 (Minn. Ct. App. 1986). · cites it 4× “Minn.Stat. § 609.251 (1984). Kidnapping is specifically excepted from the statutory prohibition against double punishment for a single course of conduct.”
Wells v. State, 839 N.W.2d 775 (Minn. Ct. App. 2013). · cites it 2× “See Minn.Stat. §§ 609.251 (kidnapping); .585 (burglary); .”
State v. Pettee, 538 N.W.2d 126 (Minn. 1995). · cites it 2× “Except as provided in subdivision 2, and in sections 609.251, 609.585, 609.21, subdivisions 3 and 4, 609.”
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