Murder in Minnesota law

Aspect of Minnesota criminal law

Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.

The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.[1]

## Definitions

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### First-degree murder

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Minnesota law specifies five levels of homicide in total, with first-degree murder being the most serious form of homicide. First-degree murder constitutes the killing of an individual under one of the following circumstances.[2][3]

* The murder was premeditated
* The murder was committed while the perpetrator was committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence
* The murder was committed while the perpetrator was committing or attempting to commit burglary, aggravated robbery, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or the unlawful sale of a controlled substance
* The murder was of a peace officer, prosecuting attorney, judge, or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the person is engaged in the performance of official duties
* The murder was of a minor while the perpetrator was committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life
* The murder was committed while the perpetrator was committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life
* The murder was committed while the perpetrator was committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life
* The murder was committed during a kidnapping
* The perpetrator had been previously convicted of another "heinous crime"

The factors in bold are factors that warrant a sentence of life imprisonment without parole.[4] Without one of the circumstances in bold, the standard sentence for first-degree murder is life-with-parole after 30 years.[5] The only exception for life-without-parole sentences are for first-degree murders where the perpetrator was under the age of 18, as Minnesota abolished juvenile life-without-parole sentences in May 2023.[6]

### Second-degree murder

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Second-degree murder in Minnesota is split into two types: intentional and unintentional. Intentional second-degree murder constitutes the intentional murder of a person without premeditation. Unintentional second-degree murder is defined as a murder in which the prosecution is not required to prove intent,[a] but only that the defendant committed a felony causing another person's death.[7] Unintentional second-degree murder is Minnesota's felony murder rule; unlike most other states that have the felony murder rule, Minnesota punishes felony murder as second-degree murder rather than first-degree. Minnesota's rule is unique in the sense that it does not require an independent felony from the elements of murder, so a felony such as assault causing someone's death can result in a defendant being charged with second-degree murder.

The maximum sentence for second-degree murder is 40 years in prison, and the recommended sentencing guidelines suggest 12+1⁄2 years for a first-time offender. There is no mandatory minimum, so hypothetically someone could serve no prison time for second-degree murder.[8]

Derek Chauvin, a white police officer who murdered George Floyd, an unarmed black man, was convicted of second-degree murder under the state's felony murder rule in a highly publicized trial in 2021, with the underlying felony being assault. Chauvin received a sentence of 22+1⁄2 years in prison.[9]

### Third-degree murder

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Third-degree murder in Minnesota is defined as when a perpetrator engages in an act eminently dangerous to others and evincing a depraved mind, without regard for human life, or engaging in a drug deal resulting in someone's death. The recommended sentencing guidelines for third-degree murder is 10 to 15 years in prison for a first-time offender, and the maximum is 25 years in prison.[3] There is no minimum, so a defendant could hypothetically serve no prison time.[8]

## Penalties

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The sentences for homicide offenses in Minnesota are listed below.

Offense  | Mandatory sentence

|

Second-degree manslaughter | Up to 10 years in prison
Vehicular homicide
First-degree manslaughter | Up to 15 years in prison
Third-degree murder | Up to 25 years in prison
Second-degree murder  | Up to 40 years in prison
First-degree murder | For adults:
Life imprisonment with the possibility of parole after 30 years, or life-without-parole

For juveniles:
Life-with-parole after 15 years

## Notes

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1. ^ This does not mean there is no possibility that intent was present, just that it is not a burden for the prosecution to prove.

## References

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1. ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved March 15, 2023.
2. ^ "Sec. 609.185 MN Statutes". www.revisor.mn.gov. Retrieved May 31, 2023.
3. ^ a b "Minnesota First-Degree Murder". Findlaw. Retrieved May 31, 2023.
4. ^ "Sec. 609.106 MN Statutes". www.revisor.mn.gov. Retrieved May 31, 2023.
5. ^ "Sec. 244.05 MN Statutes". www.revisor.mn.gov. Retrieved May 31, 2023.
6. ^ Urell, Aaryn (May 19, 2023). "Minnesota Abolishes Juvenile Life-Without-Parole Sentences". Equal Justice Initiative. Retrieved May 31, 2023.
7. ^ "Sec. 609.19 MN Statutes". www.revisor.mn.gov. Retrieved May 31, 2023.
8. ^ a b "What's next for sentencing of Derek Chauvin, and what the maximum penalty could be". April 20, 2021. Retrieved May 31, 2023.
9. ^ Arango, Tim (June 25, 2021). "Derek Chauvin is sentenced to 22 and a half years for murder of George Floyd". The New York Times. ISSN 0362-4331. Retrieved May 31, 2023.

* v
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Murder in the United States by jurisdiction

State|

* Alabama
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* Illinois
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* South Carolina
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* Tennessee
* Texas
* Utah
* Vermont
* Virginia
* Washington
* West Virginia
* Wisconsin
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Federal District|

* District of Columbia

Territories|

* American Samoa
* Guam
* Northern Mariana Islands
* Puerto Rico
* U.S. Virgin Islands

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