Minnesota Statutes

Minn. Stat. § 609.065 (2026)

Justifiable Taking Of Life

✓ current as of May 2026
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The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.

Notes of Decisions
Cited in 39 cases (7 in the last 5 years), 1973–2026 · leading case: State v. Edwards, 717 N.W.2d 405 (Minn. 2006).
State v. Edwards, 717 N.W.2d 405 (Minn. 2006). · cites it 72× “Under Minn.Stat. § 609.065 (2004), "[t]he intentional taking of the life of another is not authorized * * * except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death.”
State v. Pendleton, 567 N.W.2d 265 (Minn. 1997). · cites it 18× “Minn.Stat. § 609.065 (1996). Taken together, these provisions establish that reasonable force may be used when a person reasonably believes that he or she is resisting an offense against a person or a trespass upon lawfully held property.”
State v. Housley, 322 N.W.2d 746 (Minn. 1982). · cites it 16× “06 (1980) and Minn.Stat. § 609.065 (1980). Section 609.”
State v. Griller, 583 N.W.2d 736 (Minn. 1998). · cites it 4× “Under Minn.Stat. § 609.065 (1996), the intentional taking of another life is justified when it is “necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a…”
State v. Dodis, 314 N.W.2d 233 (Minn. 1982). · cites it 8× “Defendant had the initial burden of establishing that he had done the killing in the belief that it was necessary to avert death or great bodily harm, that his judgment as to the gravity of the peril to which he was exposed was reasonable under the circumstances, and that his…”
State v. Prtine, 784 N.W.2d 303 (Minn. 2010). · cites it 4× “2006); see also Minn.Stat. § 609.065 *314 (2008) (permitting the intentional taking of another's life when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death).”
State v. Pollard, 900 N.W.2d 175 (Minn. Ct. App. 2017). · cites it 10× “Minn. Stat. § 609.065 (2014). A person may intentionally take a life when it is “necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the…”
State v. Vang, 847 N.W.2d 248 (Minn. 2014). · cites it 2× “Minn.Stat. § 609.065 (2012). In order for a killing to be justified for this reason, the killing must have been done in the reasonable belief that it was necessary to avert death or great bodily harm.”
State v. Auchampach, 540 N.W.2d 808 (Minn. 1995). · cites it 4× “Section 609.065 authorizes the intentional taking of a life only "when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of…”
State v. Carridine, 812 N.W.2d 130 (Minn. 2012). · cites it 2× “But we declined to adopt this forfeiture rule, stating “we do not view the formulation of a forfeiture rule that focuses on the legal justification of a victim’s response to the aggressor’s acts as consistent with the policy choices of Minn. Stat. § 609.065 .” Id. (plurality…”
State v. Hare, 575 N.W.2d 828 (Minn. 1998). · cites it 6× “06, which authorizes use of reasonable force in self-defense, and Minn.Stat. § 609.065, 4 which allows the justifiable taking of a life in self-defense, when read together: [Establish that reasonable force may be used when a person reasonably believes *832 that he or she is…”
Schumann v. McGinn, 240 N.W.2d 525 (Minn. 1976). · cites it 4× “" § 609.065: "The intentional taking of the life of another is not authorized by section 609.”
— Minn. Stat. § 609.065(1) — 1 case
State v. White, 203 N.W.2d 852 (Minn. 1973).
— Minn. Stat. § 609.065(3) — 1 case
Schumann Ex Rel. Peterson v. City of St. Paul, 268 N.W.2d 903 (Minn. 1978).
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