{"id":374305,"date":"2016-04-11T01:22:51","date_gmt":"2016-04-11T06:22:51","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/minnesota-law\/minnesota-second-degree-murder.html"},"modified":"2020-06-03T15:06:05","modified_gmt":"2020-06-03T20:06:05","slug":"minnesota-second-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/minnesota-law\/minnesota-second-degree-murder.html","title":{"rendered":"Minnesota Second-Degree Murder"},"content":{"rendered":"\n
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Minnesota Second-Degree Murder<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Second-degree murder is an intentional killing, but is less serious than first-degree murder<\/a> because some malicious factors aren\u2019t present. Both first- and second-degree murder in Minnesota have aspects of the \u201cfelony murder rule<\/a>.\u201d Felony murder is when you kill a person during the commission of another felony, such as rape<\/a> or burglary.<\/p>\r\n

Minnesota Third-Degree Murder<\/h2>\r\n

Minnesota also has a third-degree murder statute between second-degree murder and the two levels of manslaughter. This type of murder is not intentional and therefore is not as severely punished as first and some second-degree murder killings. However, the behavior is so atrocious that it isn\u2019t mitigated or lowered to manslaughter in the first or second degree (voluntary<\/a> and involuntary manslaughter<\/a>).<\/p>\r\n

Minnesota Second- and Third- Degree Murder Statutes<\/h2>\r\n

The following table details the second- and third-degree murder laws in Minnesota.<\/p>\r\n\r\n

Code Sections<\/b><\/p>\r\n<\/td>\r\n

Minnesota Statutes Sections 609.19 \u2013 Murder in the Second Degree<\/a> and 609.195 \u2013 Murder in the Third Degree<\/a><\/p>\r\n<\/td>\r\n<\/tr>

What\u2019s Prohibited?<\/b><\/p>\r\n<\/td>\r\n

Minnesota law prohibits intentional and unintentional killings under most circumstances. Those killings prohibited as second-degree murder<\/a> include:<\/p>\r\n

Penalty<\/b><\/td>\r\n

Murder in the second degree receives not more than 40 years imprisonment in Minnesota. Third-degree murder is sentenced to up to 25 years. If the death was caused by a Schedule I or II drug sale or exchange, a fine of up to $40,000 is possible.<\/p>\r\n

If a person is convicted of 2nd- or 3rd-degree murder and was convicted of a heinous crime<\/a> (murder in the 1st, 2nd, or 3rd degree, assault in the first degree, or criminal sexual conduct<\/a> in the first, second, or third degrees, and some murder attempts) and finished that sentence within 15 years of this murder, the court will mandatorily sentence<\/a> them to the maximum possible sentence (40 or 25 years).<\/p>\r\n<\/td>\r\n<\/tr>

Defenses<\/b><\/td>\r\n

The best defense<\/a> to any murder charge will depend on the facts. Among the possible defenses are innocence, insanity<\/a>, and self-defense<\/a>. For second and third-degree murders, intoxication<\/a> isn\u2019t a good defense as there doesn\u2019t have to be an intent to kill, therefore, there\u2019s no particular state of mind needed that the alcohol would\u2019ve prevented a drunk person from creating.<\/p>\r\n<\/td>\r\n<\/tr>

Civil Case<\/b><\/td>\r\nIf you or a loved one are accused of causing anyone\u2019s death, it\u2019s important to remember the family of the victim can sue you for wrongful death<\/a>, even if not convicted of a crime related to the death. This is possible because civil cases have a lower standard of proof<\/a> (preponderance of the evidence, which is basically more likely than not) than criminal cases (beyond a reasonable doubt).
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\r\nIf someone sues you for a wrongful death, you should immediately speak with an experienced personal injury defense attorney<\/a>.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> State laws change frequently. It’s important to verify<\/i> the laws you\u2019re researching<\/i>.<\/p>\r\n

Research the Law<\/h2>\r\n