Minnesota Statutes

Minn. Stat. § 609.58 (2026)

[Repealed]

✓ current as of May 2026
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[Repealed, 1983 c 321 s 4]

Notes of Decisions
Cited in 89 cases, 1966–2018 · leading case: Atwater Creamery Co. v. W. Nat'l Mut. Ins. Co., 366 N.W.2d 271 (Minn. 1985).
Atwater Creamery Co. v. W. Nat'l Mut. Ins. Co., 366 N.W.2d 271 (Minn. 1985). · cites it 2× “Minnesota Statutes § 609.58, subd. 2 (1982), reads: Whoever enters a building without the consent of the person in lawful possession, * * * with intent to commit a crime in it, or whoever remains within a building without the consent of the person in lawful authority, with…”
State v. Trog, 323 N.W.2d 28 (Minn. 1982). · cites it 2× “Defendant was charged with several offenses but reached an agreement with the prosecutor which permitted him to plead guilty to one offense, burglary with assault, Minn.Stat. § 609.58, subd. 2(l)(b) (1980), in exchange for the prosecutor’s agreeing to dismiss the other charges.”
State v. Lopez, 908 N.W.2d 334 (Minn. 2018). · cites it 16× “" Minn. Stat. § 609.58 , subd. 2 (1982). We affirmed McDonald's burglary conviction.”
State v. Turnipseed, 297 N.W.2d 308 (Minn. 1980). · cites it 2× “5 and 6, are included offenses of burglary, Minn.Stat. § 609.58, subd. 2(3). However, both trespass offenses contain elements of proof not necessary to proof of a burglary charge.”
State v. Hjerstrom, 287 N.W.2d 625 (Minn. 1979). · cites it 2× “Defendant was found guilty by a district court jury of charges of burglary, Minn. Stat. § 609.58 , subd. 2(3) (1976), and theft of property valued at more than $100, § 609.”
State v. McDonald, 346 N.W.2d 351 (Minn. 1984). · cites it 4× “Defendant, who waived his right to a jury trial, was found guilty by the district court of a charge of burglary with tool, Minn.Stat. § 609.58, subd. 2(l)(a) (1982), and was sentenced to 25 months in prison.”
State v. Roberts, 350 N.W.2d 448 (Minn. Ct. App. 1984). · cites it 4× “Defendant appeals a judgment of conviction for burglary, entering an occupied dwelling without the consent of the person in lawful possession and with intent to commit a crime, Minn.Stat. § 609.58, subd. 2(2) (1982). He does not deny committing a trespass, entering a dwelling…”
State v. DeBaere, 356 N.W.2d 301 (Minn. 1984). · cites it 2× “Defendant was found guilty by a district court jury of burglary and criminal sexual conduct in the first degree, Minn.Stat. §§ 609.58, subd. 2(l)(b), and 609.”
State v. Hines, 343 N.W.2d 869 (Minn. Ct. App. 1984). · cites it 4× “24 for taking a ring and money and threatening imminent use of force to compel acquiescence in the taking; Count two: Burglary of an occupied dwelling under Minn.Stat. § 609.58, subd. 2(2), for entering a dwelling with the intent to commit robbery; Count three: Theft under Minn.”
State v. Morrison, 310 N.W.2d 135 (Minn. 1981). · cites it 2× “Defendant was found guilty by a district court jury of burglary, Minn.Stat. § 609.58, subd. 2(l)(b) (1978) (burglary of dwelling accompanied by commission of an assault upon a person present therein), and criminal sexual conduct in the first degree, section 609.”
State v. Zernechel, 304 N.W.2d 365 (Minn. 1981). · cites it 2× “Defendant was charged with burglary, attempted criminal sexual conduct in the first degree, and criminal sexual conduct in the second degree, Minn.Stat. §§ 609.58, subd. 2(l)(b), 609.”
State v. Cizl, 304 N.W.2d 632 (Minn. 1981). · cites it 2× “11 (1980) permitting appellate review by either the state or the defendant of a sentence in a criminal case, is from defendant’s sentence to a stayed gross misdemeanor term of 12 months in the workhouse for the felony offense of burglary, Minn.Stat. § 609.58, subd. 2(3) (1980).…”
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