Sentence Modifiers

Sentencing modifiers are statutes that aid in defining the punishment for the underlying offense. Modifiers can affect either or both the duration and the disposition of the presumptive sentence. Any change to the presumptive fixed sentence must also be applied to the upper and lower ends of the sentencing range, except that the presumptive sentence cannot be less than one year and one day, nor can it be less than any applicable mandatory minimum. More information on sentence modifiers and official language can be found in section 2.G of the Guidelines.

Sentence Increasing
Sentence Reducing
Attempted Murder 1
Other Sentence Modifiers

Sentence Increasing
Sentence increasing modifiers are modifiers that increase the presumptive sentence. When an offender is sentenced for an offense that includes one of the following modifiers, the presumptive duration is increased accordingly.
- Offense Committed in Furtherance of Terrorism under Minn. Stat. § 609.714 -- increase the duration by 50% to get the correct presumptive sentence.
- Criminal Sexual Predatory Conduct under Minn. Stat. § 609.3453 -- increase the duration by 25%; or 50% if the violation was committed by an offender with a previous sex offense conviction.
- Solicitation or Promotion of Prostitution; Sex Trafficking under Minn. Stat. § 609.322 subd. 1(b) -- increase the duration by 48 months if the underlying crime was completed; or by 24 months if the underlying crime was an attempt or conspiracy.
- Offense Committed for the Benefit of a Gang under Minn. Stat. § 609.229 subd. 3(a) -- the disposition is always a commitment:
  - if victim is under the age of 18: add 24 months if the underlying offense is completed, or add 12 months if the underlying offense is an attempt or conspiracy.
  - if victim is 18 or older: add 12 months if the underlying offense is completed, or add 6 months if the underlying offense is an attempt or conspiracy.
Sentence Reducing
Sentence reducing modifiers are modifiers that decrease the presumptive sentence. When an offender is sentenced for an offense that includes one of the following modifiers, the presumptive duration is one-half of that found in the appropriate cell on the applicable Grid for the underlying offense, or the mandatory minimum, whichever is greater.
- Attempt under Minn. Stat. § 609.17
- Conspiracy under Minn. Stat. § 609.175
- Solicitation of Juvenile under Minn. Stat. § 609.494 subd. 2(b)
- Solicitation of Mentally Impaired Person under Minn. Stat. § 609.493 subd. 2(b)
- Taking Responsibility for Criminal Acts under Minn. Stat. § 609.495 subd. 4
Digging Deeper: Attempt or Conspiracy to Commit Criminal Sexual Conduct (CSC)
The Commission regards the sentencing provisions in the First- and Second-Degree CSC statutes (Minn. Stats. §§ 609.342 subd. 2(b); 609.343 subd. 2(b)) as statutorily created presumptive sentences, NOT mandatory minimums. Because of this, the above rule for an attempt or conspiracy also applies to these criminal sexual conduct offenses.

Key Point: If the presumptive sentence is an odd number, division by two produces a presumptive sentence involving half a month. For example, 41 months divided by two equals 20.5 months. In that case, 20.5 months is the presumptive sentence length. This also applies to the lower and upper sentencing range.
Attempted Murder 1

The presumptive sentence for attempt or conspiracy to commit First-Degree Murder (Minn. Stat. § 609.185) or attempt or conspiracy to commit First-Degree Murder of an Unborn Child (Minn. Stat. § 609.2261) is found in Section 2.G of the Guidelines.

The durations on the grid are the presumptive sentence and will not be cut in half.

Electronic Worksheet System Hint:

When completing a sentencing worksheet, use Severity Level 12 (or 11 for offenses prior to August 1, 2002).
Other Sentence Modifiers
Some modifiers do not affect the sentence. Two of the most common of these are:
- Conspiracy to Commit a Controlled Substance Offense (Minn. Stat. § 152.096)
- Liability for Crimes of Another (or Aid and Abet) (Minn. Stat. § 609.05)
These statutes define the way an offense was committed but do not change the presumptive sentence.