SF5001

Purpose

• To define domestic assault by strangulation as a violent crime and amend how violent crimes are defined in Minnesota law.

Main Provisions

• Amends Minnesota Statutes 2024 section 609.1095 subdivision 1 to change definitions used in this section.
• Introduces new or clarified definitions:
  • Conviction: includes guilty pleas, jury verdicts, or court findings of guilt, recorded by the court, from Minnesota or another jurisdiction.
  • Prior conviction: a conviction that occurred before the offender’s next felony conviction and before the current offense’s sentencing under this section.
  • Violent crime: includes a broad list of offenses (both Minnesota and similar federal/other-state laws) that are punishable by felony penalties or by a maximum sentence of 15 years or more. The listed statutes include numerous sections such as 609.165, 609.185, 609.2112, 609.2661–609.2665, 609.322, 624.713, and others, as well as specific references to chapters like 152 and 609.229, 609.377, 609.378, and 609.749.

Key Changes to Law

• Domestic assault by strangulation is being moved into or recognized as part of the category “violent crime” for purposes of sentencing and related calculations.
• The definition of what counts as a “violent crime” is expanded to explicitly include the listed statutes that carry felony penalties or long maximum sentences (15 years or more).
• The amendments standardize how “conviction” and “prior conviction” are defined for use in sentencing under this section.

Significance and Potential Impact

• If a domestic assault by strangulation falls under the new definition of violent crime, it could affect how cases are charged, charged severity, and sentencing considerations.
• The changes may influence recidivism calculations, penalties, and related legal processes by clarifying which offenses qualify as violent crimes and how prior convictions are counted.

Definitions Used (for clarity)

• Conviction
• Prior conviction
• Violent crime
• Domestic assault by strangulation (contextualized as part of the violent-crime framework and related sentencing provisions)

Note

• The bill is introduced and headed to Judiciary and Public Safety for consideration.

Relevant Terms - domestic assault by strangulation - violent crime - conviction - prior conviction - Minnesota Statutes 2024 section 609.1095 - sections 609.165, 609.185, 609.2112, 609.2113, 609.2114, 609.221, 609.222, 609.223, 609.2247, 609.228, 609.235, 609.24, 609.245, 609.247, 609.25, 609.255, 609.2661, 609.2662, 609.2663, 609.2664, 609.2665, 609.267, 609.2671, 609.268, 609.322, 609.342, 609.343, 609.344, 609.345, 609.498, 609.561, 609.562, 609.582, 609.66, 609.687, 609.855 - felony penalty - maximum sentence of 15 years or more - Minnesota Statutes 2012 section 2.2.3 - Chapter 152 (controlled substances) and related sections