Created by FindLaw's team of legal writers and editors | Last reviewed June 03, 2020
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
Second-degree murder is an intentional killing, but is less serious than first-degree murder because some malicious factors aren’t present. Both first- and second-degree murder in Minnesota have aspects of the “felony murder rule.” Felony murder is when you kill a person during the commission of another felony, such as rape or burglary.
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’t mitigated or lowered to manslaughter in the first or second degree (voluntary and involuntary manslaughter).
The following table details the second- and third-degree murder laws in Minnesota.
Code Sections |
Minnesota Statutes Sections 609.19 – Murder in the Second Degree and 609.195 – Murder in the Third Degree |
What’s Prohibited? |
Minnesota law prohibits intentional and unintentional killings under most circumstances. Those killings prohibited as second-degree murder include:
Third-degree murder in Minnesota is causing someone’s death by one of two ways:
|
| Penalty | 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. If a person is convicted of 2nd- or 3rd-degree murder and was convicted of a heinous crime (murder in the 1st, 2nd, or 3rd degree, assault in the first degree, or criminal sexual conduct 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 them to the maximum possible sentence (40 or 25 years). |
| Defenses | The best defense to any murder charge will depend on the facts. Among the possible defenses are innocence, insanity, and self-defense. For second and third-degree murders, intoxication isn’t a good defense as there doesn’t have to be an intent to kill, therefore, there’s no particular state of mind needed that the alcohol would’ve prevented a drunk person from creating. |
| Civil Case | If you or a loved one are accused of causing anyone’s death, it’s important to remember the family of the victim can sue you for wrongful death, even if not convicted of a crime related to the death. This is possible because civil cases have a lower standard of proof (preponderance of the evidence, which is basically more likely than not) than criminal cases (beyond a reasonable doubt). If someone sues you for a wrongful death, you should immediately speak with an experienced personal injury defense attorney. |
Note: State laws change frequently. It's important to verify the laws you’re researching.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Minnesota attorneys offer free consultations.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.