Subdivision 1. Lesser offense prosecution. Upon prosecution for a crime, the actor may be convicted of either the crime charged or an included offense, but not both. An included offense may be any of the following:
(1) a lesser degree of the same crime; or
(2) an attempt to commit the crime charged; or
(3) an attempt to commit a lesser degree of the same crime; or
(4) a crime necessarily proved if the crime charged were proved; or
(5) a petty misdemeanor necessarily proved if the misdemeanor charge were proved.
Subd. 2. Conviction; bar to prosecution. A conviction or acquittal of a crime is a bar to further prosecution of any included offense, or other degree of the same crime.
History:1963 c 753 art 1 s 609.04; Ex1971 c 27 s 45