Murder vs. Manslaughter: Minnesota's Homicide Statutes Explained

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:

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.

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).

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.

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.