Criminal Charge & CAPRs Code

Prohibited Conduct

Type of Charge & Potential Maximum Penalty

5th Degree Domestic Assault
609.2242

DALST5

Inflicting bodily harm or attempting to inflict bodily harm on a family or household member OR putting them in fear of immediate bodily harm
Examples of family or household members; your spouse, your children, persons you live with, persons whom you are dating or have dated in the past

1st Offense: Misdemeanor
2nd Conviction: Gross Misdemeanor
3rd Conviction: Felony; Up to 5 years in prison & a $10,000 fine

5th Degree Assault
609.224

ASLT5

Inflicting bodily harm or attempting to inflict bodily harm on anyone OR putting them in fear of immediate bodily harm

1st Offense: Misdemeanor
2nd Conviction: Gross Misdemeanor
3rd Conviction: Felony; Up to 5 years in prison & a $10,000 fine

Violation of an Order for Protection
518B.01, subd. 14

POVIOL

Intentionally violating any provision of an Order for Protection (OFP)
Examples: talking to, emailing, sending letters, or making telephone calls to someone who has an OFP against you; OR asking someone else to contact them on your behalf; OR going to an address and/or house that the OFP says you can not go to

1st Offense: Misdemeanor
2nd Conviction: Gross Misdemeanor
3rd Conviction: Felony; Up to 5 years in prison & a $10,000 fine

Violation of a Restraining Order
609.748, subd. 6

RORDER

Intentionally violating any of the provisions of a Restraining Order (RO)
Examples: talking to, emailing, sending letters, or making telephone calls to someone who has an RO against you; OR asking someone else to contact them on your behalf; OR going to an address and/or house that the RO says you can not go to

1st Offense: Misdemeanor
2nd Conviction: Gross Misdemeanor
3rd Conviction: Felony; Up to 5 years in prison & a $10,000 fine

Violation of a Domestic Abuse No Contact Order
518B.01, subd. 22

VDNCO

Intentionally violating a No Contact Order issued by a Judge in a criminal case originating out of a domestic violence incident

1st Offense: Misdemeanor
2nd Conviction: Gross Misdemeanor

Harassing Phone Calls
609.79

HARASS

Repeatedly making telephone calls with the intent to abuse, disturb or cause distress to another person

Misdemeanor

Interference with an Emergency Call
609.78

911INT

Intentionally stopping or interfering when someone is trying to call 911 or for other emergency help

Gross Misdemeanor

Harassment
/Stalking
609.749

STALK

Stalking, following or pursuing another, OR repeatedly making phone calls to someone, OR repeatedly mailing letters or objects to someone, OR other actions which show that you intend to injure someone or harm their property

Gross Misdemeanor
Felony, if a prior conviction or if a pattern of harassing conduct can be shown
Up to 10 years in prison & a $20,000 fine

Terroristic Threats
609.713

THREAT

Threatening either by words or action to commit any crime of violence with the intent to terrorize another

Felony
Up to 5 years & a $10,000 fine

Malicious Punishment of a Child
609.377

MALPUN

When a parent, legal guardian or caretaker uses unreasonable force or cruel discipline against a child that is more than usual under the circumstances
Examples: punishment that causes physical injuries, punishment with physical force that lasts longer than that is reasonable

Gross Misdemeanor
Felony, if a prior conviction or if child is under 4, or the child suffers “substantial” or “great” bodily harm
Up to 10 years in prison & a $20,000 fine

Neglect or Endangerment of a Child
609.378

NEGLCT

Depriving a child of the necessary food, clothing, shelter, health care or supervision appropriate to the child’s age OR endangering a child by allowing the child to be placed in a situation likely to substantially harm the child’s physical, mental or emotional health; OR allowing the child to be present where anyone is selling or possessing narcotics; OR placing a child in a situation with a loaded firearm that is likely to cause substantial harm

Gross Misdemeanor
Felony, if the deprivation results in “substantial harm”
Up to 5 years in prison & a $10,000 fine

3rd Degree Assault
609.223

ALST3 & DALST3

Assaulting someone and causing “substantial bodily harm”,
Examples: broken or fractured bones, loss of consciousness

Felony
Up to 5 years in prison & a $10,000 fine

2nd Degree Assault
609.222

ALST2 & DALST2

Assaulting or threatening someone with a dangerous weapon, such as a gun, knife, or other object used in a way likely to cause “substantial bodily harm”

Felony
Up to 10 years in prison & a $20,000 fine

1st Degree Assault
609.221

ALST1 & DALST1

Assaulting someone and causing “great bodily harm”
Example: injuries requiring surgery, injuries causing permanent damage

Felony
Up to 20 years in prison & a $30,000 fine

Domestic Assault by Strangulation
609.2247

DASLT3

Intentionally Impeding breathing of circulation of the blood or by blocking the nose or mouth of another
Example: placing hands or another object around the neck to “choke” a victim; placing an object such as a pillow over the mouth/nose

Felony
Up to 3 years in prison & a $5,000 fine

Kidnapping
609.25

KIDNAP

Forcing someone to leave somewhere without their consent and not letting them leave with the purpose of committing great bodily harm or terrorizing them

Felony
Up to 40 years in prison & a $50,000 fine

False Imprisonment
609.255

FIMPRS

Intentionally confining or restraining someone without their consent

Felony
Up to 3 years in prison & a $5,000 fine

Criminal Sexual Conduct
609.342 – 609.345

CSCR & CSCM

Engaging in sexual penetration or intimate sexual contact with someone without their consent and/or by the use of force or coercion. It is also against the law to have sexual contact with anyone under the age of 16 even if they consent to the contact

Felony
Up to 30 years in prison & a $40,000 fine

Tampering with a Witness
609.498

TAMPWI

Using forces or threats to prevent or to discourage someone from doing any of the following: testifying in court, providing information to law enforcement, or to provide false information to law enforcement or at a trial, OR retaliating against someone for doing any of those things

Felony
Up to 5 years in prison & a $10,000 fine

Burglary
609.582

BURGD

Entering a building without consent & intending to commit a crime OR entering a building without consent and committing a crime while inside that building

Felony
Up to 20 years in prison & a $35,000 fine