Minnesota Legislature
Office of the Revisor of Statutes
MINNESOTA COURT RULES
SENTENCING GUIDELINES
Appendix 3. Presumptive Sentence Durations that Exceed the
Statutory Maximum Sentence Reference Table
This table is for convenience when determining if a presumptive duration exceeds the statutory maximum sentence as described in section 2.C.2. Offenses identified in the table below have presumptive durations that exceed the statutory maximums at the Criminal History Score (CHS) indicated on the table. These are offenses for which the applicable grid does not adjust the duration or range to be at or below the statutory maximum. The table may not be exhaustive.
| Statute | Offense | Severity Level | Statutory Maximum (Months) | Exceeds Statu- tory Maxi- mum At: |
| 609.221, subd. 4 | Assault 1st Degree (Great Bodily Harm Upon Official by Dangerous Weapon or Deadly Force) | 11 | 360 | CHS 0 (upper- range) |
| 609.2231, subd. 4(b) | Assault 4th Degree Motivated by Bias | 1 | 12, and 1 Day | CHS 3 |
| 609.322, subd. 1(a) | Sex Trafficking 1st Degree | B | 300 | CHS 5 (upper- range) |
| 609.343, subd. 1(a)(b)(c)(d)(e) & 1a(a)(b)(c)(d)(h)(i) | Criminal Sexual Conduct 2nd Degree | B | 300 | CHS 5 (upper- range) |
| 609.344, subd. 1(a)(b)(c)(d) & 1a(c)(d)(g)(h)(i) | Criminal Sexual Conduct 3rd Degree | C | 180 | CHS 5 (upper- range) |
| 609.4751, subd. 3 | Impersonating a Peace Officer | 2 | 24 | CHS 6 (upper- range) |
| 609.485, subd. 4(a)(2) | Escape, Mental Illness | 1 | 12, and 1 Day | CHS 3 |
| 609.485, subd. 4(a)(4) | Escape from Civil Commitment | 1 | 12, and 1 Day | CHS 3 |
| 609.595, subd. 1a(a) | Damage to Prop Motivated by Bias | 1 | 12, and 1 Day | CHS 3 |
| 609.597, subd. 3(3) | Assaulting or Harming Police Horse | 1 | 12, and 1 Day | CHS 3 |
| 609.662, subd. 2(b)(2) | Duty to Render Aid (Substantial Bodily Harm) | 1 | 12, and 1 Day | CHS 3 |
| 609.713, subd. 3(a) | Threats of Violence (Replica Firearm) | 1 | 12, and 1 Day | CHS 3 |
| 609.746, subd. 1(h) | Surreptitious Observation Device (Minor Victim and Sexual Intent) | G | 48 | CHS 5 |
| 609.776 | Interference with Emergency Comm. | 5 | 36 | CHS 4 |
| 617.246, subd. 2(b), 3(b), & 4(b) | Use of Minors in Sexual Performance (Subsequent, by Predatory Offender, or Child Under 14) | C | 180 | CHS 5 (upper- range) |
| 617.247, subd. 3(a) | Dissemination of Child Pornography | E | 84 | CHS 5 |
| 617.247, subd. 3(b) | Dissemination of Child Pornography (Subsequent, by Predatory Offender, or Child Under 14) | C | 180 | CHS 5 (upper- range) |