Minn. Stat. » CHAPTER 609. CRIMINAL CODE
Minnesota Statutes

Minn. Stat. § 609.583 (2026)

Sentencing; First Burglary Of Dwelling

✓ current as of May 2026
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Except as provided in section 609.582, subdivision 1a, in determining an appropriate disposition for a first offense of burglary of a dwelling, the court shall presume that a stay of execution with at least a 90-day period of incarceration as a condition of probation shall be imposed unless the defendant's criminal history score determined according to the Sentencing Guidelines indicates a presumptive executed sentence, in which case the presumptive executed sentence shall be imposed unless the court departs from the Sentencing Guidelines pursuant to section 244.10. A stay of imposition of sentence may be granted only if accompanied by a statement on the record of the reasons for it. The presumptive period of incarceration may be waived in whole or in part by the court if the defendant provides restitution or performs community work service.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2011–2023 · leading case: State v. Rausch, 799 N.W.2d 19 (Minn. Ct. App. 2011).
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State v. Rausch, 799 N.W.2d 19 (Minn. Ct. App. 2011). · cites it 21× “583 provides: Except as provided in section 609.582, subdivision la, in determining an appropriate disposition for a first offense of burglary of a dwelling, the court shall presume that a stay of execution with at least a 90-day period of incarceration as a condition of…”
State of Minnesota v. Bryon Christopher Hultquist (Minn. Ct. App. 2023). “Respondent State of Minnesota charged Hultquist with one count of attempted second-degree burglary, in violation of Minnesota Statutes sections 609.583, subdivision 2(a)(4), and 609.”
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