דאס זעינען די מינעסאטע מערדעריי קאטאגאריעס.
וירא הקהל וישפוט.
Second-Degree Murder
Second-degree murder (Minn. Stat. 609.19) may or may not require intent. These are the ways to commit second-degree murder in Minnesota:
Killing someone with intent but without planning the murder (i.e. no premeditation)
Killing someone unintentionally while committing or trying to commit a drive-by shooting
Killing someone unintentionally while using violence or force to commit a felony
Killing someone unintentionally while trying to injure that person, if there is an order for protection for that person and against the perpetrator
A second-degree murder conviction can result in a forty-year prison sentence.
Third-Degree Murder
A third-degree murder charge (Minn. Stat. 609.195) falls between second-degree murder and manslaughter. No intent to kill is required for any case of third-degree murder. The “depraved mind” language of this crime is regarded by some legal practitioners as old-fashioned to the point of being unhelpful to the criminal justice system, but for now it remains in the statute.
Classic examples of this level of murder are driving a vehicle or firing a gun into a group of people. This murder charge can also result when a person is killed through any dangerous act showing indifference to the sanctity of human life. Another example of a third-degree murder is selling tainted Schedule I or II drugs to another that cause that person’s death.
If convicted of third-degree murder, you face a sentence of up to twenty-five years in prison. If death is the result of Schedule I or II drugs, there might be a fine of up to $40,000 attached in addition to a prison sentence.
Manslaughter
Manslaughter is the category of homicide that’s regarded as less blameworthy than murder. As one would expect, the consequences are likewise less severe, though still relatively severe compared to the full spectrum of criminalized acts. In Minnesota, manslaughter is divided into two degrees.
First-Degree Manslaughter
As with murder, first-degree manslaughter (Minn. Stat. § 609.20) requires the intent to cause death only in some situations, not all. Two types of situations require intent:
Killing someone out of passion based on a provocation that would cause anyone of typical self-control to react similarly
Being coerced to kill someone in order to save your life or someone else’s life
On the other hand, various situations do not require intent in order for first-degree manslaughter to be found:
Killing someone while committing fifth-degree assault if the level of force or violence used made death reasonably foreseeable to the perpetrator (for example, punching someone knowing it might be enough of an injury to kill the person)
Killing someone through providing them with Schedule II, IV, or V drugs (for example, tainted drugs). As mentioned above, a similar act committed with Schedule I or II drugs is considered third-degree murder.
Killing a child while attempting an act of malicious punishment, as defined by statute (provided the situation doesn’t otherwise rise to the level of murder)
Conviction of manslaughter in the first degree can result in up to 15 years of imprisonment, a fine of up to $30,000, or both.
Second-Degree Manslaughter
Manslaughter in the second degree (Minn. Stat. § 609.205) can occur in several different ways:
Killing someone in an act while knowingly taking the chance of causing someone’s death or serious injury
Killing a child through neglect (provided the situation doesn’t otherwise rise to the level of murder)
Allowing a dangerous animal (such a dog that has previously made serious attacks on people) free reign to roam in public, resulting in someone’s death
Killing someone by setting up a trap or snare
Shooting and killing someone that you negligently think is an animal (while deer hunting, for example)
The sentence for second-degree manslaughter is up to ten years of imprisonment, up to $20,000 in fines, or both. Culpable negligence is the most common mens rea standard applied to second-degree manslaughter.
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