Minnesota
Minnesota Assault Laws: Five Degrees, Felonies and Penalties (2026)
Independently fact-checked against primary sources (last audited October 14, 2026). · 21 primary sources cited on this page. How we verify our legal content
Minnesota does not have a crime called battery. Minn. Stat. 609.02, subd. 10 defines a single offense, assault, that covers both an act meant to make someone fear immediate bodily harm and actually hurting (or trying to hurt) someone, and Minnesota grades it in five degrees: fifth-degree assault (609.224) is a misdemeanor, and third-degree (609.223), second-degree (609.222) and first-degree assault (609.221) are felonies. Fourth-degree assault (609.2231) covers assaults on peace officers and other protected people in listed circumstances, and domestic assault (609.2242) is its own offense. For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Minnesota assault statutes in Minn. Stat. 609.221 to 609.2247, the definitions in 609.02, the general penalty section 609.03, and the civil filing period in 541.07. It does not cover self-defense (see Minnesota self-defense laws), orders for protection (see Minnesota restraining order laws), sexual offenses, federal assault crimes (see the assault and battery hub) or city ordinances.
Assault vs. battery in Minnesota
Many states treat assault as a threat and battery as the physical act. Minnesota folds both into one word. Minn. Stat. 609.02, subd. 10 provides:
"'Assault' is: (1) an act done with intent to cause fear in another of immediate bodily harm or death; or (2) the intentional infliction of or attempt to inflict bodily harm upon another."
The first branch needs no physical contact. The second branch covers hitting someone or trying to. Neither the assault sections of chapter 609 (609.221 through 609.2247) nor the definitions in 609.02 contain an offense named battery. The word appears in Minnesota law in the civil filing deadline, Minn. Stat. 541.07(1), discussed below.
Minnesota assault charges and penalties at a glance
| Offense | Statute | What it covers | Class | Statutory penalty range |
|---|---|---|---|---|
| Assault in the fifth degree | 609.224, subd. 1 | An act intended to cause fear of immediate bodily harm or death, or intentionally inflicting or attempting to inflict bodily harm | Misdemeanor | Up to 90 days and/or up to $1,000 (609.03(3)) |
| Fifth-degree assault, repeat | 609.224, subd. 2 | A subdivision 1 assault against the same victim within 10 years of a previous qualified domestic violence-related offense conviction or delinquency adjudication, or against anyone within 3 years of one | Gross misdemeanor | Up to 364 days and/or up to $3,000 |
| Fifth-degree assault, repeat | 609.224, subd. 4 | A subdivision 1 assault against the same victim within 10 years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications, among other grounds | Felony | Up to 5 years and/or up to $10,000 |
| Domestic assault | 609.2242, subd. 1 | The same acts as fifth-degree assault, against a family or household member as defined in 518B.01, subd. 2 | Misdemeanor | Up to 90 days and/or up to $1,000 (609.03(3)) |
| Domestic assault, repeat | 609.2242, subd. 2 | Domestic assault within 10 years of a previous qualified domestic violence-related offense conviction or delinquency adjudication | Gross misdemeanor | Up to 364 days and/or up to $3,000; minimum 20 days imprisonment, at least 96 hours consecutive, which the court may stay on conditions such as completing anger therapy or counseling (609.2243) |
| Domestic assault, repeat | 609.2242, subd. 4 | Domestic assault or fifth-degree assault within 10 years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications | Felony | Up to 5 years and/or up to $10,000 |
| Domestic assault by strangulation | 609.2247, subd. 2 | Assaulting a family or household member by strangulation | Felony | Up to 3 years and/or up to $5,000, unless a greater penalty is provided elsewhere |
| Fourth-degree assault: peace officer | 609.2231, subd. 1 | Physically assaulting a licensed peace officer who is effecting a lawful arrest or executing another duty imposed by law | Gross misdemeanor; felony with demonstrable bodily harm or bodily fluids or feces | Gross misdemeanor: up to 364 days and/or $3,000 (609.03(2)); felony: up to 3 years and/or $6,000 |
| Fourth-degree assault: fire, EMS, emergency department, hospital security | 609.2231, subd. 2 | Physically assaulting a firefighter or EMS member performing duties, a person providing health care in a hospital emergency department, or (from Aug. 1, 2026) a security guard providing services in a hospital or clinic | Gross misdemeanor; felony with demonstrable bodily harm | Gross misdemeanor: up to 364 days and/or $3,000 (609.03(2)); felony: up to 3 years and/or $6,000 |
| Fourth-degree assault: corrections staff, prosecutors, judges, probation officers | 609.2231, subd. 3 | Assault inflicting demonstrable bodily harm, or intentionally throwing or transferring bodily fluids or feces, while the person performs a duty | Felony | Up to 2 years and/or up to $4,000 |
| Fourth-degree assault: bias-motivated | 609.2231, subd. 4 | Assault in whole or in substantial part because of an actual or perceived listed characteristic, or the victim's actual or perceived association with a person or group having one | First offense: range of a gross misdemeanor; repeat within 5 years: felony | First: up to 364 days and/or $3,000; repeat: up to 1 year and a day and/or $3,000 |
| Fourth-degree assault: school official | 609.2231, subd. 5 | Assault on a school official performing official duties, inflicting demonstrable bodily harm | Gross misdemeanor | Up to 364 days and/or $3,000 (609.03(2)) |
| Fourth-degree assault: vulnerable adult | 609.2231, subd. 8 | Assault inflicting demonstrable bodily harm on a person the actor knows or has reason to know is a vulnerable adult | Gross misdemeanor | Up to 364 days and/or $3,000 (609.03(2)) |
| Fourth-degree assault: transit operator | 609.2231, subd. 11 | Assaulting a transit operator, or intentionally throwing or transferring bodily fluids onto one, while the operator is acting in the course of duties and operating, aboard or responsible for a transit vehicle | Gross misdemeanor | Up to 364 days and/or $3,000 |
| Fourth-degree assault: other listed groups | 609.2231, subds. 2a, 6, 7, 9, 10 | Assaulting a DNR employee engaged in forest fire activities, a listed public employee, a community crime prevention patrol member, a reserve officer, or a utility or postal worker, each under that subdivision's own conditions (all but subd. 9 require demonstrable bodily harm) | Gross misdemeanor | Up to 364 days and/or $3,000 (609.03(2)) |
| Fourth-degree assault: secure treatment facility staff | 609.2231, subd. 3a | Assault inflicting demonstrable bodily harm, or throwing or transferring bodily fluids or feces, by a person committed under the listed laws against facility staff performing a duty | Felony | Up to 2 years and/or $4,000; under paragraph (b), commitment to prison for at least 1 year and 1 day and 5 years of conditional release |
| Assault in the third degree | 609.223 | Assault inflicting substantial bodily harm; assault on a minor with a past pattern of child abuse; assault on a child under 4 causing bodily harm to the head, eyes or neck, or multiple bruises | Felony | Up to 5 years and/or up to $10,000 |
| Assault in the second degree | 609.222, subd. 1 | Assault with a dangerous weapon | Felony | Up to 7 years and/or up to $14,000 |
| Assault in the second degree | 609.222, subd. 2 | Assault with a dangerous weapon that inflicts substantial bodily harm | Felony | Up to 10 years and/or up to $20,000 |
| Assault in the first degree | 609.221, subd. 1 | Assault inflicting great bodily harm | Felony | Up to 20 years and/or up to $30,000 |
| Assault in the first degree: officers and court personnel | 609.221, subd. 2 to 5 | Deadly force or great bodily harm against a peace officer, prosecuting attorney, judge or correctional employee performing a duty | Felony | Subd. 2: 10 to 20 years; subd. 3: 15 to 25 years; subd. 4: 25 to 30 years (mandatory minimums under subd. 5) |
Where an assault section does not state its own penalty, the general section applies. Minn. Stat. 609.03 provides that a person convicted of a crime "for which no punishment is otherwise provided" may be sentenced, for a felony, to not more than five years or a fine of not more than $10,000, or both; for a gross misdemeanor, to not more than 364 days or a fine of not more than $3,000, or both; and for a misdemeanor, to not more than 90 days or a fine of not more than $1,000, or both. Every figure in the table is a statutory maximum (or, for 609.221, subd. 5, a mandatory minimum), not a prediction of a sentence in a particular case.
These are the ranges for each offense itself; some provisions add mandatory terms, described below. Minn. Stat. 609.101, subd. 2 also requires a fine of at least 30 percent of the maximum on a conviction under 609.221, 609.222, 609.223, 609.2231, 609.224 or 609.2242. Under subdivision 5 the court may not waive that minimum, but it may reduce it to not less than $50 for a defendant who qualifies for a public defender, is indigent or would suffer undue hardship, and may allow community work service instead.
When is assault a felony in Minnesota?
A basic fifth-degree assault is a misdemeanor. Without a protected victim or prior record, assault becomes a felony when the injury or the weapon raises the degree:
- Third degree (Minn. Stat. 609.223, subd. 1): "Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both." Subdivision 2 applies the same maximum to an assault on a minor when the person "has engaged in a past pattern of child abuse against the minor," and subdivision 3 makes it a felony to assault "a victim under the age of four" and cause "bodily harm to the child's head, eyes, or neck, or otherwise causes multiple bruises to the body."
- Second degree (Minn. Stat. 609.222): assault "with a dangerous weapon," up to 7 years and $14,000, or up to 10 years and $20,000 if the assault also "inflicts substantial bodily harm."
- First degree (Minn. Stat. 609.221, subd. 1): an assault that "inflicts great bodily harm," up to 20 years and $30,000.
The repeat-offense route also leads to a felony. Under 609.224, subd. 4(a), a fifth-degree assault against the same victim within ten years of the first of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency is a felony with up to five years and $10,000. Domestic assault has a parallel felony in 609.2242, subd. 4 (see below).
Several fourth-degree assaults on protected people are felonies too, as the next sections explain. The shortest felony maximum among the assault sections is one year and a day, for a repeat bias-motivated assault under 609.2231, subd. 4(b).
Bodily harm, substantial bodily harm and dangerous weapons
The degree of a Minnesota assault usually turns on the level of injury. Minn. Stat. 609.02 defines three levels:
- Bodily harm (subd. 7): "physical pain or injury, illness, or any impairment of physical condition."
- Substantial bodily harm (subd. 7a): "bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member."
- Great bodily harm (subd. 8): "bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily harm."
The weapon element of second-degree assault uses the definition in 609.02, subd. 6:
"'Dangerous weapon' means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, any combustible or flammable liquid or other device or instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, or any fire that is used to produce death or great bodily harm."
Because the definition reaches any instrumentality that, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm, an ordinary object can qualify depending on how it is used.
Many fourth-degree assaults turn on "demonstrable bodily harm." Neither 609.02 nor 609.2231 defines that phrase.
Assaulting a police officer, health care worker, teacher or other protected person
Minnesota's fourth-degree assault statute, Minn. Stat. 609.2231, raises the grade of an assault against people in listed roles. The groups below are among those the section covers; each subdivision uses its own wording and conditions.
Peace officers (subd. 1). For this subdivision, "peace officer" means a person who is licensed under section 626.845, subdivision 1, "and effecting a lawful arrest or executing any other duty imposed by law." "Whoever physically assaults a peace officer is guilty of a gross misdemeanor." Under subd. 1(c), it is a felony with up to three years and $6,000 when the person "(1) physically assaults the officer if the assault inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer."
Firefighters, EMS, emergency department staff and hospital security guards (subd. 2). The gross misdemeanor applies to whoever physically assaults "a member of a municipal or volunteer fire department in the performance of the member's duties," "a member of an emergency medical services personnel unit in the performance of the member's duties," or "a physician, nurse, or other person providing health care services in a hospital emergency department." It becomes a felony with up to three years and $6,000 "if the assault inflicts demonstrable bodily harm." Laws 2025, chapter 35, article 4, section 7 amended this subdivision effective August 1, 2025. Laws 2026, chapter 118, article 5, section 1 then added "a security guard, as defined in section 326.32, subdivision 13, providing services in a hospital or clinic," effective "August 1, 2026, and applies to crimes committed on or after that date."
Corrections staff, prosecutors, judges and probation officers (subd. 3). Assaulting an employee of a correctional facility, a prosecuting attorney, a judge, or a probation officer or other qualified person employed in supervising offenders, "while the person is engaged in the performance of a duty imposed by law, policy, or rule," is a felony with up to two years and $4,000 if the person "(1) assaults the person and inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person."
School officials (subd. 5). "Whoever assaults a school official while the official is engaged in the performance of the official's duties, and inflicts demonstrable bodily harm, is guilty of a gross misdemeanor." The subdivision says school official "includes teachers, school administrators, and other employees of a public or private school."
Listed public employees (subd. 6). The subdivision covers assaulting "an agricultural inspector, occupational safety and health investigator, child protection worker, public health nurse, animal control officer, or probation or parole officer while the employee is engaged in the performance of a duty mandated by law, court order, or ordinance," where the person also knows the victim is a public employee performing official duties and inflicts demonstrable bodily harm.
Vulnerable adults (subd. 8). "Whoever assaults and inflicts demonstrable bodily harm on a vulnerable adult, knowing or having reason to know that the person is a vulnerable adult, is guilty of a gross misdemeanor."
Utility and postal workers (subd. 10). The subdivision covers assaulting "an employee or contractor of a utility or the United States Postal Service while the employee or contractor is engaged in the performance of the employee's or contractor's duties," among its other conditions, where the assault inflicts demonstrable bodily harm.
Transit operators (subd. 11). A person who "assaults a transit operator, or intentionally throws or otherwise transfers bodily fluids onto a transit operator," when "the transit operator is acting in the course of the operator's duties and is operating a transit vehicle, aboard a transit vehicle, or otherwise responsible for a transit vehicle," is guilty of a gross misdemeanor and may be sentenced to up to 364 days, a fine of up to $3,000, or both.
Other subdivisions. Section 609.2231 also covers Department of Natural Resources employees engaged in forest fire activities (subd. 2a), community crime prevention group members on neighborhood patrol (subd. 7) and reserve officers performing official duties (subd. 9), each a gross misdemeanor under its own conditions. Subdivision 3a makes it a felony with up to two years and $4,000 for a person committed under the listed commitment laws to assault secure treatment facility staff performing a duty, inflicting demonstrable bodily harm, or to throw or transfer bodily fluids or feces onto them. For a conviction under its paragraph (b), the court "shall commit" the person to the commissioner of corrections "for not less than one year and one day," the person is not eligible for probation, parole or release until that term is served, and five years of conditional release follow.
First-degree assault on officers and court personnel (609.221, subd. 2 to 5). Assaulting "a peace officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force" against that person "while the person is engaged in the performance of a duty imposed by law, policy, or rule" carries up to 20 years and $30,000 (subd. 2). Inflicting great bodily harm on such a person carries up to 25 years and $35,000 (subd. 3), and doing so with a dangerous weapon or by using or attempting to use deadly force carries up to 30 years and $40,000 (subd. 4). Subdivision 5 sets minimum terms of not less than ten years for subdivision 2, 15 years for subdivision 3 and 25 years for subdivision 4.
Assaults by inmates (609.2232). Laws 2025, chapter 35 amended Minn. Stat. 609.2232, effective August 1, 2025, extending the section's sentencing rules to cases in which an inmate of a county jail or other local correctional facility is convicted of first- through fourth-degree assault while confined there and the victim is a county sheriff or sheriff's deputy.
Bias-motivated assault
Fourth-degree assault also covers whoever "assaults another in whole or in substantial part because of the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability," or because of the victim's actual or perceived association with a person or group having one of those characteristics (609.2231, subd. 4(a)), punishable by up to 364 days or a $3,000 fine, or both. A second violation within five years of a previous conviction under that paragraph is a felony with up to one year and a day.
For the felony degrees, Minn. Stat. 609.2233 provides that a person who commits first-, second- or third-degree assault in whole or in substantial part because of the same listed characteristics "is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable."
Domestic assault in Minnesota
Minnesota treats assault against a family or household member as a separate crime. Under Minn. Stat. 609.2242, subd. 1, whoever commits either kind of assault (fear or harm) "against a family or household member as defined in section 518B.01, subdivision 2," is guilty of a misdemeanor. The grade rises with prior offenses:
- Gross misdemeanor (subd. 2): domestic assault "within ten years of a previous qualified domestic violence-related offense conviction or an adjudication of delinquency," up to 364 days and $3,000. Minn. Stat. 609.2243 adds that a person convicted of gross misdemeanor domestic assault "shall be sentenced to a minimum of 20 days imprisonment, at least 96 hours of which must be served consecutively." The court may stay execution of that minimum on condition that the person complete anger therapy or counseling and any other condition the court orders.
- Felony (subd. 4): violating 609.2242 or 609.224, subd. 1 "within ten years of the first of any combination of two or more previous qualified domestic violence-related offense convictions or adjudications of delinquency," up to five years and $10,000. Under 609.2243, subd. 2, the court presumes a stay of execution with at least 45 days of incarceration as a condition of probation, unless the Sentencing Guidelines call for a presumptive executed sentence.
Strangulation. Minn. Stat. 609.2247 defines strangulation as "intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person." Assaulting a family or household member by strangulation is a felony with up to three years and $5,000, "unless a greater penalty is provided elsewhere."
Firearms. Subdivision 3 of the domestic assault statute addresses firearms. Laws 2026, chapter 75, section 7 amended paragraph (b) so that, where it applies, the court "shall order that the firearm and all other firearms possessed by the person be summarily forfeited under section 609.5316, subdivision 3." Federal law, 18 U.S.C. 922(g)(9), separately makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition in or affecting commerce; the assault and battery hub explains that rule.
For orders for protection, see Minnesota restraining order laws.
Recent changes to Minnesota assault law
- August 1, 2025 (Laws 2025, chapter 35): amended the fourth-degree assault provision for firefighters, EMS personnel and emergency department health care workers (609.2231, subd. 2), and amended 609.2232 to reach local-jail inmates who assault a county sheriff or deputy.
- August 1, 2026 (Laws 2026, chapter 118, article 5, section 1): added security guards providing services in a hospital or clinic to 609.2231, subd. 2, for crimes committed on or after that date.
- August 1, 2026 (Laws 2026, chapter 75, section 7): amended the firearm provisions of the domestic assault statute, 609.2242, subd. 3, including forfeiture of all firearms the person possesses where paragraph (b) applies. The section has no separate effective date, so it took effect August 1, 2026 under Minn. Stat. 645.02.
Civil lawsuits for assault and battery in Minnesota
A criminal case and a civil lawsuit are separate. The state prosecutes the crime; a person who was hurt may sue for money damages in a civil action, and the civil filing statute uses the words assault and battery.
Minn. Stat. 541.07 provides: "Except where the Uniform Commercial Code, this section, section 541.05, 541.073, 541.076, or 604.205 otherwise prescribes, the following actions shall be commenced within two years: (1) for libel, slander, assault, battery, false imprisonment, or other tort resulting in personal injury." Because the section lists exceptions, the deadline in a particular case can differ. One of them, Minn. Stat. 541.073, governs actions for damages based on sexual abuse: six years for abuse of an individual 18 or older, and no deadline for abuse of a minor (except as subdivision 4 provides, and before age 24 for a claim against a person who was under 14 at the time). Separately, Minn. Stat. 541.15 suspends the running of the period while the plaintiff is under 18, subject to that section's limits. For other filing deadlines, see the Minnesota statute of limitations guide.
Related legal issues
- Self-defense. Whether force was justified is a separate body of law; see Minnesota self-defense laws.
- Orders for protection. See Minnesota restraining order laws.
- Clearing a record. Whether an assault record can be sealed is covered in Minnesota expungement laws.
Related pages
- Assault and battery laws by state
- Minnesota self-defense laws
- Minnesota restraining order laws
- Minnesota expungement laws
- Minnesota statute of limitations
- Wisconsin assault and battery laws
- Iowa assault and battery laws
This article provides general legal information about Minnesota assault law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in Minnesota.
Last updated: 2026-10-13.
Frequently Asked Questions
What is the difference between assault and battery in Minnesota?
Minnesota criminal law has no separate battery offense. Minn. Stat. 609.02, subd. 10 defines assault as either an act done with intent to cause fear of immediate bodily harm or death, or the intentional infliction of or attempt to inflict bodily harm, so both threats and physical attacks are charged as assault.
Is fifth-degree assault a misdemeanor in Minnesota?
Yes. Minn. Stat. 609.224, subd. 1 makes it a misdemeanor, which carries up to 90 days in jail, a fine of up to $1,000, or both under 609.03(3). A repeat offense within the periods set in subdivisions 2 and 4 after prior qualified domestic violence-related offense convictions is a gross misdemeanor or a felony.
When is assault a felony in Minnesota?
Third-degree assault (substantial bodily harm), second-degree assault (dangerous weapon) and first-degree assault (great bodily harm) are felonies. Some fourth-degree assaults on protected workers are felonies when demonstrable bodily harm results, and repeat domestic or fifth-degree assault can be a felony after two or more prior qualified domestic violence-related offense convictions.
What is the penalty for second-degree assault in Minnesota?
Assault with a dangerous weapon carries up to 7 years in prison, a fine of up to $14,000, or both. If the assault also inflicts substantial bodily harm, the maximum is 10 years and $20,000 (Minn. Stat. 609.222).
What happens if you assault a police officer in Minnesota?
Physically assaulting a peace officer who is effecting a lawful arrest or executing another duty imposed by law is a gross misdemeanor under Minn. Stat. 609.2231, subd. 1. It is a felony with up to 3 years and a $6,000 fine if the assault inflicts demonstrable bodily harm or the person intentionally throws or transfers bodily fluids or feces at or onto the officer, and first-degree assault under 609.221 carries mandatory minimum prison terms for deadly force or great bodily harm against an officer performing a duty.
Is assaulting a nurse or hospital worker a crime in Minnesota?
Physically assaulting a physician, nurse or other person providing health care services in a hospital emergency department is fourth-degree assault, a gross misdemeanor, and a felony with up to 3 years if the assault inflicts demonstrable bodily harm (Minn. Stat. 609.2231, subd. 2). Since August 1, 2026 the same provision covers security guards providing services in a hospital or clinic.
Is assaulting a teacher a crime in Minnesota?
Assaulting a school official who is performing official duties and inflicting demonstrable bodily harm is a gross misdemeanor under Minn. Stat. 609.2231, subd. 5. The subdivision says school official includes teachers, school administrators and other employees of a public or private school.
Is strangulation a felony in Minnesota?
Assaulting a family or household member by strangulation is a felony under Minn. Stat. 609.2247, punishable by up to 3 years, a $5,000 fine, or both, unless a greater penalty is provided elsewhere.
How long do you have to sue for assault in Minnesota?
Minn. Stat. 541.07(1) requires an action for assault, battery or another tort resulting in personal injury to be commenced within two years, except where the Uniform Commercial Code, section 541.07 itself, or sections 541.05, 541.073, 541.076 or 604.205 prescribe otherwise. Claims based on sexual abuse have six years for an adult victim and no deadline for abuse of a minor (541.073, with limits), and 541.15 suspends the period while the injured person is under 18, but not for more than one year after the person turns 18.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 609: CRIMINAL CODE
§ 609.224ASSAULT IN THE FIFTH DEGREEIn force
Subdivision 1. Misdemeanor. Whoever does any of the following commits an assault and is guilty of a misdemeanor: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another. Subd. 2. Gross misdemeanor. (a) Whoever violates the provisions of subdivision 1 against the same victim within ten years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both. (b) Whoever violates the provisions of subdivision 1 within three years of a previous qualified domestic violence-related offense conviction or adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both. Subd. 3. Firearms.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.02DEFINITIONSIn forcecited in 13 of our articles
Subdivision 1. Crime. "Crime" means conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine. Subd. 2. Felony. "Felony" means a crime for which a sentence of imprisonment for one year or more may be imposed. Subd. 2a. [Repealed, 1999 c 194 s 11] Subd. 3. Misdemeanor. "Misdemeanor" means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed. Subd. 4. Gross misdemeanor. "Gross misdemeanor" means any crime which is not a felony or misdemeanor. The maximum fine which may be imposed for a gross misdemeanor is $3,000. Subd. 4a. Petty misdemeanor. "Petty misdemeanor" means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed. Subd. 5. Conviction. "Conviction" means any of the following accepted and recorded by the court: (1) a plea of guilty; or (2) a verdict of guilty by a jury or a finding of guilty by the court. Subd. 6. Dangerous weapon.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 539 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Stewart (Court of Appeals of Minnesota 2019, 923 N.W.2d 668)“…he intentionally inflicted great bodily harm upon B.G.D. Minn. Stat. §§ 609.02 , subd. 10(2), .221, subd. 1 (2014). S…”
- State v. Fleck (Supreme Court of Minnesota 2012, 810 N.W.2d 303)“…itted two forms of assault to the jurors: (1) assault-fear, Minn.Stat. § 609.02, subd. 10(1) (2010) (prohibiting an act…”
- State v. Vance (Supreme Court of Minnesota 2007, 734 N.W.2d 650)“…iction of or attempt to inflict bodily harm upon another. Minn.Stat. § 609.02, subd. 10 (2004). 4 The statute furthe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Hit and Run Laws: Penalties and What to Do, Minnesota Window Tint Laws (2026): Legal VLT Limits, Minnesota Recording Laws (2026): One-Party Consent Rules
§ 609.223ASSAULT IN THE THIRD DEGREEIn force
Subdivision 1. Substantial bodily harm. Whoever assaults another and inflicts substantial bodily harm may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. Subd. 2. Past pattern of child abuse. Whoever assaults a minor may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the perpetrator has engaged in a past pattern of child abuse against the minor. As used in this subdivision, "child abuse" has the meaning given it in section 609.185, paragraph (a), clause (5). Subd. 3. Felony; victim under four. Whoever assaults a victim under the age of four, and causes bodily harm to the child's head, eyes, or neck, or otherwise causes multiple bruises to the body, is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.222ASSAULT IN THE SECOND DEGREEIn force
Subdivision 1. Dangerous weapon. Whoever assaults another with a dangerous weapon may be sentenced to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both. Subd. 2. Dangerous weapon; substantial bodily harm. Whoever assaults another with a dangerous weapon and inflicts substantial bodily harm may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.221ASSAULT IN THE FIRST DEGREEIn forcecited in 2 of our articles
Subdivision 1. Great bodily harm. Whoever assaults another and inflicts great bodily harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both. Subd. 2. Use of deadly force against peace officer, prosecuting attorney, judge, or correctional employee. Whoever assaults a peace officer, prosecuting attorney, judge, or correctional employee by using or attempting to use deadly force against the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $30,000, or both. Subd. 3. Great bodily harm; peace officer, prosecuting attorney, judge, or correctional employee. Whoever assaults a peace officer, prosecuting attorney, judge, or correctional employee and inflicts great bodily harm on the officer, attorney, judge, or employee while the person is engaged in the performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000, or both. Subd. 4.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 181 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Jackson (Supreme Court of Minnesota 2008, 749 N.W.2d 353)“…2 (2006); and for the heart attack, first-degree assault, Minn.Stat. § 609.221, subd. 1 (2006). At trial, G.W. descr…”
- State v. Richardson (Supreme Court of Minnesota 2003, 670 N.W.2d 267)“…19, subd. 1(1) (2002); two counts of first-degree assault, Minn.Stat. § 609.221, subd. 2 (2002); two counts of kidnappi…”
- State v. Edwards (Supreme Court of Minnesota 2009, 774 N.W.2d 596)“…charged Edwards with first-degree assault, in violation of Minn.Stat. §§ 609.221, subd. 1, and 609.05 (2008), and with t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Dog Bite Laws: Liability and Victim Rights
§ 609.2231ASSAULT IN THE FOURTH DEGREEIn force
Subdivision 1. Peace officers. (a) As used in this subdivision, "peace officer" means a person who is licensed under section 626.845, subdivision 1, and effecting a lawful arrest or executing any other duty imposed by law. (b) Whoever physically assaults a peace officer is guilty of a gross misdemeanor. (c) Whoever commits either of the following acts against a peace officer is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $6,000, or both: (1) physically assaults the officer if the assault inflicts demonstrable bodily harm; or (2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the officer. Subd. 2. Firefighters and emergency medical personnel.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.2242DOMESTIC ASSAULTIn force
Subdivision 1. Misdemeanor. Whoever does any of the following against a family or household member as defined in section 518B.01, subdivision 2, commits an assault and is guilty of a misdemeanor: (1) commits an act with intent to cause fear in another of immediate bodily harm or death; or (2) intentionally inflicts or attempts to inflict bodily harm upon another. Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 within ten years of a previous qualified domestic violence-related offense conviction or an adjudication of delinquency is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both. Subd. 3. Domestic assaults; firearms. (a) When a person is convicted of a violation of this section or section 609.221, 609.222, 609.223, 609.224, or 609.2247, the court shall determine and make written findings on the record as to whether: (1) the assault was committed against a family or household member, as defined in section 518B.01, subdivision 2; (2) the defendant owns or possesses a firearm; and (3) the firearm was used in any way during the commission of the assault.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.2247DOMESTIC ASSAULT BY STRANGULATIONIn force
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given. (b) "Family or household members" has the meaning given in section 518B.01, subdivision 2. (c) "Strangulation" means intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Subd. 2. Crime. Unless a greater penalty is provided elsewhere, whoever assaults a family or household member by strangulation is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.2243SENTENCING; REPEAT DOMESTIC ASSAULTIn force
Subdivision 1. Gross misdemeanor. A person convicted of gross misdemeanor domestic assault under section 609.2242, subdivision 2, shall be sentenced to a minimum of 20 days imprisonment, at least 96 hours of which must be served consecutively. The court may stay execution of the minimum sentence required under this subdivision on the condition that the person sentenced complete anger therapy or counseling and fulfill any other condition, as ordered by the court; provided, however, that the court shall revoke the stay of execution and direct the person to be taken into immediate custody if it appears that the person failed to attend or complete the ordered therapy or counseling, or violated any other condition of the stay of execution. If the court finds at the revocation hearing required under section 609.14, subdivision 2, that the person failed to attend or complete the ordered therapy, or violated any other condition of the stay of execution, the court shall order execution of the sentence previously imposed. Subd. 2. Felony.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.2233FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM SENTENCEIn force
A person who violates section 609.221, 609.222, or 609.223 in whole or in substantial part because of the victim's or another person's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 609.03PUNISHMENT WHEN NOT OTHERWISE FIXEDIn forcecited in 5 of our articles
If a person is convicted of a crime for which no punishment is otherwise provided the person may be sentenced as follows: (1) If the crime is a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or (2) If the crime is a gross misdemeanor, to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or (3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both; or (4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified term of not more than six months if the fine is not paid.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- State v. Guminga (Supreme Court of Minnesota 1986, 395 N.W.2d 344)“…equally with the person actually making the same. Under Minn.Stat. § 609.03 (1984), a defendant who commits a gross…”
- State v. Weltzin (Supreme Court of Minnesota 2001, 630 N.W.2d 406)“…0 days in jail or by a fine of up to $1,000. 1 Minn.Stat. § 609.03, subd. 3 (2000). At arraignment…”
- State v. Strobel (Court of Appeals of Minnesota 2018, 921 N.W.2d 563)“…0 days, but not more than one year, may be imposed. See Minn. Stat. § 609.03 (2) (2016) (limiting sentences for gro…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Smart Glasses Recording Laws 2025, Minnesota DWI Laws: Penalties, BAC Limit & License (2026), Minnesota Surveillance Camera Laws (2026 Guide)
Minnesota Statutes, Chapter 541: LIMITATION OF TIME, COMMENCING ACTIONS
§ 541.07TWO- OR THREE-YEAR LIMITATIONSIn forcecited in 6 of our articles
Except where the Uniform Commercial Code, this section, section 541.05, 541.073, 541.076, or 604.205 otherwise prescribes, the following actions shall be commenced within two years: (1) for libel, slander, assault, battery, false imprisonment, or other tort resulting in personal injury, and all actions against veterinarians as defined in chapter 156, for malpractice, error, mistake, or failure to cure, whether based on contract or tort; provided a counterclaim may be pleaded as a defense to any action for services brought by a veterinarian after the limitations period if it was the property of the party pleading it at the time it became barred and was not barred at the time the claim sued on originated, but no judgment thereof except for costs can be rendered in favor of the party so pleading it; (2) upon a statute for a penalty or forfeiture, except as provided in sections 541.074 and 541.075; (3) for damages caused by a dam, other than a dam used for commercial purposes; but as against one holding under the preemption or homestead laws, the limitations shall not begin to run until a patent has been issued for the land so damaged; (4) against a master for breach of an indenture…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 238 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Fabio v. Bellomo (Supreme Court of Minnesota 1993, 504 N.W.2d 758)“…during 1982-1984 was barred by the statute of limitations. Minn.Stat. § 541.07(1) (1992). These rulings were affirmed…”
- Park Nicollet Clinic v. Hamann (Supreme Court of Minnesota 2011, 808 N.W.2d 828)“…parties agree that the statute of limitations set forth in Minn.Stat. § 541.07(5) (2010) governs each of Ham-ann’s cla…”
- Levin v. C.O.M.B. Co. (Supreme Court of Minnesota 1989, 441 N.W.2d 801)“…Levin’s claim was barred by the two-year limitation set by Minn.Stat. § 541.07(5) (1988), and the parties rescinded th…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Minnesota Defamation Laws: Libel & Slander (2026), Minnesota Statute of Limitations: Filing Deadlines by Case Type, Defamation Laws by State: Libel and Slander (2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Minn. Stat. 609.02, Definitions(www.revisor.mn.gov).gov
- Minn. Stat. 609.224, Assault in the fifth degree(www.revisor.mn.gov).gov
- Minn. Stat. 609.223, Assault in the third degree(www.revisor.mn.gov).gov
- Minn. Stat. 609.222, Assault in the second degree(www.revisor.mn.gov).gov
- Minn. Stat. 609.221, Assault in the first degree(www.revisor.mn.gov).gov
- Minn. Stat. 609.2231, Assault in the fourth degree(www.revisor.mn.gov).gov
- Minn. Stat. 609.2242, Domestic assault(www.revisor.mn.gov).gov
- Minn. Stat. 609.2247, Domestic assault by strangulation(www.revisor.mn.gov).gov
- Minn. Stat. 541.07, Two- or three-year limitations(www.revisor.mn.gov).gov
- Minn. Stat. 609.03, Punishment when not otherwise fixed(www.revisor.mn.gov).gov
- Laws of Minnesota 2025, chapter 35(www.revisor.mn.gov).gov
- Laws of Minnesota 2026, chapter 118(www.revisor.mn.gov).gov
- Minn. Stat. 609.2232 (sentencing for assaults by inmates)(www.revisor.mn.gov).gov
- Minn. Stat. 609.2233, Felony assault motivated by bias; increased statutory maximum sentence(www.revisor.mn.gov).gov
- Minn. Stat. 609.2243, Sentencing; repeat domestic assault(www.revisor.mn.gov).gov
- Laws of Minnesota 2026, chapter 75(www.revisor.mn.gov).gov
- 18 U.S.C. 922, Unlawful acts(www.govinfo.gov).gov
- Minn. Stat. 609.101, Surcharge on fines, assessments; minimum fines(www.revisor.mn.gov).gov
- Minn. Stat. 541.073, Actions for damages due to sexual abuse(www.revisor.mn.gov).gov
- Minn. Stat. 541.15, Periods of disability not counted(www.revisor.mn.gov).gov
- Minn. Stat. 645.02, Effective date of acts(www.revisor.mn.gov).gov
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.