Murder vs. Manslaughter: Minnesota's Homicide Statutes Explained

BY MN CRIME STAFF

When a violent death occurs in Minneapolis, Saint Paul or anywhere in Minnesota, the specific charge filed—first-degree murder, second-degree murder or manslaughter—dictates the potential prison time.

Here’s how the state differentiates these acts:

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The Degrees of Murder

  • First-degree murder (Life Imprisonment): Requires premeditation (planning) and intent. It also covers deaths caused during severe felonies like rape or kidnapping, or the killing of a police officer.

  • Second-degree murder (Max 40 Years):

    • Intentional: The killer intended to cause death but did not plan it beforehand (e.g., a sudden argument turns deadly).

    • Unintentional (Felony Murder): A death that occurs while committing another felony (e.g., a drive-by shooting where the intent was to intimidate, not kill).

  • Third-degree murder (Max 25 Years): The "Depraved Mind" statute. This applies when someone commits an act "eminently dangerous to others" without regard for human life.

    • Critical Legal Distinction: Following the MN Supreme Court ruling in State v. Noor, this charge applies only to indiscriminate acts (e.g., shooting blindly into a crowd). If the act was directed at a specific person, third-degree murder generally cannot be charged.

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Manslaughter

Manslaughter applies when the killing was not "murderous" in nature but still unlawful.

  • First-degree manslaughter (Heat of Passion): Killing someone intentionally but under "provocation" that would cause a reasonable person to lose self-control.

  • Second-degree manslaughter (Culpable Negligence): Causing death by taking an unreasonable risk (e.g., playing with a loaded gun that accidentally discharges).

Ultimately, the difference between a life sentence and a shorter prison term often comes down to a single legal concept: intent. While the tragic outcome—the loss of a human life—remains the same in every homicide case, Minnesota law sharply distinguishes between calculated acts (first-degree), impulsive violence (second-degree), and reckless negligence (manslaughter). For prosecutors, the burden is proving exactly what was in the suspect's mind the moment the fatal act occurred; for the accused, that distinction decides their entire future.

READ MORE > Legal coverage

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