What’s the difference between murder and manslaughter?

Minnesota has three degrees or types of murder crimes.

• 1^st Degree Murder:

  • One causes the death of another with premeditation and an intent to cause death;

  • One causes the death of another while committing or attempting to commit first or second degree criminal sexual conduct with force or violence;

  • One causes the death of another with intent to cause death while committing or attempting to commit burglary, aggravating robbery, kidnapping, first or second degree arson, a drive-by shooting, first degree witness tampering, escape from custody, or any felony drug sale;

  • One causes the death of a peace officer, prosecutor, judge, or correctional facility guard, with an intent to cause death while the victim is engaged in performance of official duties;

  • One causes the death of a minor while committing child abuse when the perpetrator has a past pattern of child abuse and death occurs under circumstances manifesting an extreme indifference to human life;

  • One causes the death of another while committing domestic abuse when the perpetrator has a past pattern of domestic abuse and death occurs under circumstances manifesting an extreme indifference to human life; or

  • One causes the death of another while committing, conspiring, or attempting to commit a felony to further terrorism and death occurs under circumstances manifesting an extreme indifference to human life.

• 2^nd Degree Murder:

  • One causes the death of another with an intent to cause death, but without premeditation;

  • One causes the death of another while committing or attempting to commit a drive-by shooting (other than first degree murder);

  • One causes the death of another with an intent to effect death while committing or attempting to commit a felony offense other than first or second degree criminal sexual conduct with force or violence or a drive-by shooting;

  • One causes the death of another without an intent to effect death while intentionally inflicting or attempting to inflict bodily harm when there is a court order prohibiting perpetrator from having contact with the victim.

• 3^rd Degree Murder:

  • One causes the death of another without intent to effect death by perpetrating an act eminently dangerous to others and evincing a depraved mind without regard for human life

  • Without intent to cause death, one proximately causes the death of another by directly or indirectly unlawfully selling or distributing a Schedule I or II controlled substance

Minnesota has two degrees or types of manslaughter crimes.

• 1^st Degree Manslaughter:

  • One intentionally causes the death of another in the heat of passion as provoked in an ordinary person (a crying child is not valid provocation);

  • One assaults and causes the death of another, or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor with force and violence that death or great bodily harm was reasonably foreseeable, and murder in first or second degree was not committed;

  • One intentionally causes the death of another because the perpetrator is coerced by threats made by a non-co-conspirator and which cause the perpetrator reasonably to believe that the perpetrator’s actions are the only means of preventing imminent death to the perpetrator or another;

  • Without intent to cause death, one proximately causes the death of another by directly or indirectly unlawfully selling or distributing a Schedule III, IV, or V controlled substance;

  • One causes the death of another in committing or attempting to commit malicious punishment of a child, and murder in the first, second, or third degree is not committed.

• 2^nd Degree Manslaughter:

  • One causes the death of another with culpable negligence that creates an unreasonable risk and consciously takes chances of causing death or great bodily harm to another;

  • One causes the death of another by shooting another with a firearm or dangerous weapon due to a negligent belief the other was a deer or other animal;

  • One causes the death of another by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device;

  • One causes the death of another by negligently or intentionally permitting any animal, known by the perpetrator to have vicious propensities or to cause great or substantial bodily harm in the past, to run uncontrolled off the owner’s premises or negligently failing to keep it properly confined, unless the victim provoked the animal to cause death;

  • One causes the death of another by committing or attempting to commit child endangerment, and murder in the first, second, or third degree is not committed.

If you or someone you know might be facing such charges, contact an attorney before speaking with law enforcement. Bain Law here to help. Please contact Eric if you have any questions by calling 612.206.3767 or tell me more about your situation here.