Murder/Homicide and Manslaughter

In the State of Minnesota, there are several degrees to MURDER and MANSLAUGHTER. Given the seriousness of these charges and its potential consequences, it is imperative that you contact a lawyer to discuss your options and to best understand and defend your rights. Call us now at 651-364-1508 to see how we can help.

First-Degree Murder

According to MN Statute 609.185, murder in the first-degree is committed when a defendant causes death:

1. with premeditation and with intent to effect the death of the person or of another, or
2. while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another, or
3. with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or a felony drug sale violation, or
4. of a peace officer or a guard employed at a correctional facility, with intent to effect the death of that person or another, while the officer or guard is engaged in the performance of official duties, or
5. of a minor under circumstances other than those described in clause (1), or (2) while committing child abuse, when the perpetrator has engaged in a “past pattern of domestic abuse upon the child” and the death occurs under circumstances manifesting an “extreme indifference to human life,” or
6. under circumstances other than those described in clause (1), (2), or (5) while committing domestic abuse upon the victim and the death occurs under circumstances manifesting an extreme indifference to human life.

Premeditation

Minnesota law defines premeditation as an act “to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.” Courts are inconsistent in determining the time element of premeditation. No specific length of time need pass between the formation of the intent and the act resulting in death, and some cases have said the act may follow virtually instantaneously, but this has the effect of erasing the line between premeditated and intentional murder. Premeditation doesn’t require a specific time for deliberation or extensive planning but “the state must always prove after the defendant formed the intent to kill some appreciable time passed during which the consideration, planning, preparation or determination, required prior to the commission of the murder took place.

Although “appreciable time” is not defined, the killing can not be simultaneous with formation of the intent to kill or follow almost instantaneously. It does not require a showing of extensive planning and calculated deliberation, but must involve preexisting reflection and deliberation, more than the mere intent to kill. Minnesota courts have repeatedly reaffirmed the “appreciable time” element in premeditation but have not required that this be stated explicitly in the jury instructions and have not found its omission plain error. This is potentially misleading because the pattern instruction states premeditation can be found in a “short period of time,” and does not clarify that this must occur after formation of intent.

Premeditation is a product of the mind and usually cannot be proved by direct evidence, but must be inferred from all the circumstances. Specific types of evidence tending to show premeditation include: prior possession, handling, and preparation of the weapon; following or tracking the victim; threats; the number of wounds inflicted; and the placement of wounds in “vital areas of the body.” Evidence of motive, though not essential, may demonstrate deliberation and premeditation. A killing does not in itself establish or create a presumption of premeditation, even multiple shots or blows, but the manner in which the death was caused, as by prolonged savage attack, may be sufficient. Evidence of events both before and after death may be relevant to support an inference that the defendant acted with premeditation. The premeditated design need not be directed at a predetermined person, as where a robber has resolved to kill anyone who interferes with his crime or escape. The Criminal Code of 1963 and more recent case law changed the rule from a presumption to a permissible inference. The current position is that premeditation cannot properly be inferred from the mere fact of killing alone and can never be “presumed in the sense that it must be found from a given state of facts.” In some cases the distinction between premeditated and merely intentional or felony murders may be narrow.

Therefore premeditation requires proof of: (1) an intentional killing, plus; (2) a degree of pre-existing “reflection” and “deliberation.” Both of these terms in their normal meaning imply thoughtfulness or contemplation over some “appreciable” period of time.

Intentional

Unlike premeditated murder, intentional murder is not defined in the homicide statutes, but under the general definition of the criminal code, “intentionally” means that the actor either has a purposes to do the thing or cause the result specified or believes that the act performed by the actor, if successful, will cause that result, and has knowledge of the facts which are necessary to make the conduct criminal. “With intent to” or “with intent that” means that the actor either has a purpose to do the things or cause the result specified or believes that the act, if successful, will cause that result. Intentional murder, like premeditated, is a state of mind usually proved circumstantially. While it may tend to shift the burden of proof improperly, it is sometimes said that a factfinder may infer that a person intends the natural and probable consequences of his actions, and therefore an intent to kill may be inferred from the manner of killing. Intoxication at the time of a killing may be considered in determining premeditation. The consumption of intoxicants does not raise a presumption that a defendant is incapable of premeditation; the burden is on the defendant to prove by a preponderance of the evidence that intoxication made him incapable of premeditation.

Transferred Intent

First degree murder follows transferred intent because it does not require an intention to kill a specific victim, but to effect the death of the person killed or another. It’s enough to prove that the defendant intended to kill someone though someone else died. Transferred intent means malice to commit harm against someone and is sufficient without “particular malice” against the person who is actually assaulted or killed. Transferred intent may not be presumed and must be proven beyond a reasonable doubt. The doctrine of transferred intent applies only when the intent being transferred is for the same type of harm. If the harms are different, intent is not transferable. It is doubtful whether transferred intent applies to attempted murder. Jury instructions on transferred intent can only be given when the evidence indicates that the defendant intended with premeditation to kill one person, but accidentally kills someone else. An intentional killing of the other person cannot be elevated to premeditated killing by transferring the premeditation from the first intended victim. The doctrine has been upheld against a claim that it violates the due process requirement of “fair warning,” because this rule “has never been understood to excuse criminal liability simply because the defendant’s victim proves not to be the victim the defendant had in mind.” It is not even necessary that the defendant is aware of the actual victim’s presence, if the requisite intent is proved.

Heat of passion

Intentional killing in the heat of passion is manslaughter in the first degree. Therefore, the existence of heat of passion, in effect, negates murder, and if there is sufficient evidence from which the fact-finder could infer that state of mind, the prosecution must disprove it beyond a reasonable doubt.
In other words, the mental states of premeditation and heat of passion cannot coexist.

Lesser included offenses

The Minnesota Supreme Court has noted that cases where premeditation exists as a matter of law are rare and that second-degree intentional murder should almost always be submitted as a lesser included offense, at least if the defendant requests it. Nevertheless, the courts sometimes justify exclusion of lesser-included instructions.

Felony murder

Felony murder involves a killing that results from the commission of another crime and may be first, second, or third-degree murder depending upon the predicate crime. First degree felony murder results where the death occurs while the defendant is committing or attempting to commit the crimes of:

• criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person who is killed or another person, or
• burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or a felony sale of a controlled substance, if the killing was intended, or
• child abuse or domestic assault, when the defendant has engaged in a past pattern of child abuse upon the child and the death occurs under circumstances manifesting an extreme indifference to human life, or
• a felony crime to further terrorism and the death occurs in circumstances manifesting an extreme indifference to human life.

Child & Domestic Abuse

The provisions making first-degree murder of killings incident to child or domestic abuse are representative of relatively recent attention to those crimes. A person is guilty of first-degree murder where the individual has killed a minor or family member while committing child abuse or domestic abuse where a “past pattern” of such abuse exists, and circumstances demonstrating a defendant’s extreme indifference to human life. Minnesota possesses three types of murder: traditional premeditated murder, intentional but unpremeditated murder (of a peace officer or guard); and felony murder, which may or may not be intentional depending upon the predicate felony (the crime being committed at the time of the victim’s death. A different law creates a first-degree murder when the defendant’s actions result in the death of an unborn child when the action is done intentionally and with premeditation, while committing criminal sexual conduct in the first or second degree with force or violence upon the mother or another, or with intent to kill the unborn child or another while committing burglary, aggravated robbery, kidnapping, first or second degree arson, tampering with a witness in the first degree, or escape.

Second-Degree Murder

There are two classifications for second-degree murder, and according to MN Statute 609.19:

Intentional murder; drive-by shootings

Murder is committed in the second-degree when a defendant causes the death of a human being:

• with intent to effect the death of that person or another, but without premeditation; or
• while committing or attempting to commit a drive-by shooting.

Unintentional murders

Unintentional murder is committed in the second degree when a defendant causes death:

• without intent to effect the death of any person, while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with force or violence or a drive-by shooting; or
• without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection and the victim is a person designated to receive protection under the order. As used in this clause, “order for protection” includes an order for protection issued under chapter 518B; a harassment restraining order issued under section 609.748; a court order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court disposition; a restraining order issued in a marriage dissolution action; and any order issued by a court of another state or of the United States that is similar to any of these orders.

Third-Degree Murder

Third-degree murder is committed when a defendant, as per MN Statute 609.195:

• without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years; or
• without intent to cause death, proximately causes the death of a human being by, directly or indirectly, conduct relating to a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.

First-Degree Manslaughter

Manslaughter in the first-degree is committed when a defendant, as per MN Statute 609.20:

• intentionally causes the death of another person in the heat of passion; or
• causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby; or
• intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor’s coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another; or
• causes the death of another, without intent to cause death by, directly or indirectly, conduct relating to a controlled substance; or
• 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 thereby.

Second-Degree Manslaughter

Second-degree manslaughter refers to when a person causes the death of another, as stated in MN Statute 609.205:

• by negligence and creating an unreasonable risk, and consciously taking chances of causing death or great bodily harm to another; or
• by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or
• by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or
• by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner’s premises, or negligently failing to keep it properly confined; or
• by neglect or endangerment of a child, and murder in the first, second, or third degree is not committed thereby.

Criminal Vehicular Homicide

Criminal vehicular homicide is committed when a defendant causes the death of a human being not constituting murder or manslaughter as a result of operating a motor vehicle, according to MN Statute 609.2112:

• in a grossly negligent manner or while under the influence of: alcohol, a controlled substance, any intoxicating substance that the person knows or has reason to know that it may cause impairment, or any combination of those elements;
• while having an alcohol concentration of 0.08 or more, or as measured within two hours of the time of driving;
• where the driver who causes the collision leaves the scene of the collision in violation of section 169.09, subdivision 1 or 6; or
• where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.

Criminal Vehicular Operation; Bodily Harm

Great bodily harm, Substantial bodily harm, and Bodily harm

A person is guilty of criminal vehicular operation resulting in bodily harm to another as a result of operating a motor vehicle, according to MN Statute 609.2113:

• in a grossly negligent manner or while under the influence of: alcohol, a controlled substance, any intoxicating substance that the person knows or has reason to know that it may cause impairment, or any combination of those elements;
• while having an alcohol concentration of 0.08 or more, or as measured within two hours of the time of driving;
• where the driver who causes the accident leaves the scene in violation of section 169.09, subdivision 1 or 6; or
• where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.

Those who are guilty may be sentenced to imprisonment and/or fined, and the amount depends on the severity of harm caused, ranging in three classifications: great bodily harm, substantial bodily harm, and bodily harm.

Criminal Vehicular Operation; Unborn Child

A person is guilty of criminal vehicular operation resulting in the death of or injury to an unborn child and may be sentenced to imprisonment and/or to payment of a fine, if they cause the death of, or causes great bodily harm to, an unborn child as a result of operating a motor vehicle, according to MN Statute 609.2114:

• in a grossly negligent manner or while under the influence of: alcohol, a controlled substance, any intoxicating substance that the person knows or has reason to know that it may cause impairment, or any combination of those elements;
• while having an alcohol concentration of 0.08 or more, or as measured within two hours of the time of driving;
• where the driver who causes the accident leaves the scene in violation of section 169.09, subdivision 1 or 6; or
• where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.

Suicide

Aiding suicide

Whoever intentionally advises, encourages, or assists another in successfully taking the other’s own life may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both. Additionally, whoever intentionally advises, encourages, or assists another who attempts but fails to take the other’s own life may be sentenced to imprisonment for not more than seven years and/or to payment of a fine of not more than $14,000, as per MN Statute 609.215.

Acts or omissions not considered as aiding suicide/attempted suicide

According to MN Statute 609.215, the following actions are not considered to be aiding suicide or aiding attempted suicide:

• A health care provider who administers, prescribes, or dispenses medications or procedures to relieve another person’s pain or discomfort, even if the medication or procedure may hasten or increase the risk of death, does not violate this section unless the medications or procedures are knowingly administered, prescribed, or dispensed to cause death.
• A health care provider who withholds or withdraws a life-sustaining procedure in compliance with Chapters 145B or 145C or in accordance with reasonable medical practice.