Minnesota Statutes

Minn. Stat. § 609.18 (2026)

Definition

✓ current as of May 2026
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For the purposes of sections 609.185, 609.19, 609.2661, and 609.2662, "premeditation" means to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.

Notes of Decisions
Cited in 87 cases (5 in the last 5 years), 1967–2026 · leading case: State of Minnesota v. Anthony James Cox, 884 N.W.2d 400 (Minn. 2016).
State of Minnesota v. Anthony James Cox, 884 N.W.2d 400 (Minn. 2016). · cites it 14× “Minn. Stat. § 609.185 , subd. (a)(1). “Premeditation” means “to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.”
State v. Palmer, 803 N.W.2d 727 (Minn. 2011). · cites it 9× “” Minn.Stat. § 609.18 (2010). *734 We have said the following with regard to premeditation: Premeditation requires some amount of time to pass between formation of the intent and the carrying out of the act.”
State v. Goodloe, 718 N.W.2d 413 (Minn. 2006). · cites it 8× “” Minn. Stat. § 609.18 (2004). “A finding of premeditation does not require proof of extensive planning or preparation to kill, nor does it require any specific period of time for deliberation.”
State v. Hall, 722 N.W.2d 472 (Minn. 2006). · cites it 8× “" Minn.Stat. § 609.18 (2004). "Premeditation is defined as `a state of mind generally proved circumstantially by drawing inferences from a defendant's words and actions in light of the totality of the circumstances.”
Loving v. State, 891 N.W.2d 638 (Minn. 2017). · cites it 3× “See Minn. Stat. § 609.18 . In fact, it appears that he continued to consider his options by circling the gas-station grounds before committing to the attack.”
State of Minnesota v. Marcus Michael Barshaw, 879 N.W.2d 356 (Minn. 2016). · cites it 4× “Minn. Stat. § 609.18 (2014). A finding of premeditation requires that the defendant had “some appreciable time,” after forming the intent to kill, “to ‘consider, plan or prepare for, or determine to commit’ the Wiling.”
State v. Raleigh, 778 N.W.2d 90 (Minn. 2010). · cites it 2× “” Minn.Stat. § 609.18 (2008). To prove premeditation, the facts must establish “ ‘that some appreciable period of time passed after the defendant formed the intent to kill, during which the statutorily required consideration, planning, preparation, or determination took place.”
State v. Chomnarith, 654 N.W.2d 660 (Minn. 2003). · cites it 4× “" Minn.Stat. § 609.18 (2002). Premeditation is a state of mind and, thus, generally proven through circumstantial evidence.”
State v. Silvernail, 831 N.W.2d 594 (Minn. 2013). · cites it 2× “Minn.Stat. § 609.18 (2012) (defining premeditation); see also DeLisle v.”
State v. Cooper, 561 N.W.2d 175 (Minn. 1997). · cites it 4× “If the jury credited the testimony of these witnesses, it could have easily concluded that the only reasonable inference to be drawn from the evidence was that Cooper, in firing twelve separate shots into Peterson as Peterson crawled away, intended to kill him.”
State v. Moore, 481 N.W.2d 355 (Minn. 1992). · cites it 4× “” Minn.Stat. § 609.18. If only intent were proven without premeditation, defendant would be guilty of murder in the second degree.”
State v. Smith, 669 N.W.2d 19 (Minn. 2003). · cites it 4× “" Minn.Stat. § 609.18 (2002). Premeditation is a state of mind.”
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