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Second, you have to know or have reason to know that the person has committed a crime. This clause has two directions. On the other side, it allows the police to argue when someone has been wilfully ignorant about obvious signs of a crime or a knowledge of the pursuit. However, multiple charges and stacked sentencing are possible.
Those charged with obstructing investigation are considered accomplices after the fact. The Minnesota statutes define obstructing investigation as:. As an accomplice, you could face up to half the statutory maximum prison time and half the maximum fine for the crime of the offender.
When considering how serious this is, obviously the crime in question should be examined. The final form of aiding is one of taking responsibility for the crime committed. If you confess to or the police discover that you orchestrated or otherwise took primary responsibility for a crime, either they will charge you with the first crime or for aiding with responsibility. Aiding with responsibility is a separate charge from the original crime, which you can also be charged with.
But not if punishable by life imprisonment. And similarly, the Minnesota Sentencing Guidelines, 2G, call for one-half the presumptive sentence of many, though not all, underlying offenses. Minnesota does not have a general Solicitation Crime statute. But rather, Minnesota has several inchoate crimes Solicitation statutes specific to situations. And these include Minnesota Statutes Sections:.
As you can see, these criminal statutes relate to prostitution and child sex abuse crimes; and to soliciting mentally impaired or juveniles to commit a criminal act. Aiding, abetting; liability. A person is criminally liable for a crime committed by another if the person intentionally aids, advises, hires, counsels, or conspires with or otherwise procures the other to commit the crime.
Expansive liability. A person liable under subdivision 1 is also liable for any other crime committed in pursuance of the intended crime if reasonably foreseeable by the person as a probable consequence of committing or attempting to commit the crime intended.
So, the prosecutor needs evidence of intent , to commit an underlying crime. To commit crime. Whoever conspires with another to commit a crime and in furtherance of the conspiracy one or more of the parties does some overt act in furtherance of such conspiracy may be sentenced as follows:. Kuhnau , NW 2d Minn. As you can see, the various Minnesota inchoate crimes overlap.
They all involve an underlying offense that may never have happened. Another common issue is criminal intent. What is planning to intend to someday commit a criminal act? Is that a crime? But how do you prove which side of that chained and blurry line you are on? And should we be criminalizing that? To some extent, the laws tacitly acknowledge this problem by providing half the punishment for some inchoate crimes ; relative to their underlying offense.
So, for example, if a presumptive sentence for an Ag Robbery was 48 months; then Attempt Ag Robbery would be a presumptive 24 months in prison. The evidence may show the defendant had a plan with someone to do one small thing.
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