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Subdivision 1.Intentional murder; drive-by shootings.
Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or
(2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3).
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Subd. 2.Unintentional murders.
Whoever does either of the following is guilty of unintentional murder in the second degree and may be sentenced to imprisonment for not more than 40 years:
(1) causes the death of a human being, 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
(2) causes the death of a human being 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.
Notes of Decisions
Cited in
513
cases (
67 in the last 5 years), 1967–2026 · leading case:
State v. Aarsvold, 376 N.W.2d 518 (Minn. Ct. App. 1985).
State v. Aarsvold, 376 N.W.2d 518 (Minn. Ct. App. 1985).
· cites it 36× “Is sale of cocaine a proper predicate felony upon which to base a charge of felony murder under Minn. Stat. § 609.19 (2)? ANALYSIS I Minnesota Rule of Criminal Procedure 28.”
State v. Anderson, 666 N.W.2d 696 (Minn. 2003).
· cites it 23× “Anderson was charged with second-degree unintentional felony murder, in violation of Minn.Stat. § 609.19, subd. 2(1) (2002), and third-degree murder ("depraved mind" killing), in violation of Minn.”
State v. Hokanson, 821 N.W.2d 340 (Minn. 2012).
· cites it 12× “1(a)(1) (2010); (4) second-degree murder while committing a felony (assault in the third degree), under Minn.Stat. § 609.19, subd. 2(1) (2010) and Minn.”
State v. Caine, 746 N.W.2d 339 (Minn. 2008).
· cites it 12× “20 but did instruct the jury on duress, in addition to second-degree unintentional felony murder under Minn.Stat. § 609.19, subd. 2(1) (2006); first-degree intentional felony murder under Minn.”
State v. Laine, 715 N.W.2d 425 (Minn. 2006).
· cites it 16× “185(a)(6); second-degree intentional murder, Minn.Stat. § 609.19, subd. 1(1) (2004); second-degree felony murder, Minn.”
State v. Chavarria-Cruz, 784 N.W.2d 355 (Minn. 2010).
· cites it 16× “The jury acquitted Chavarria-Cruz of the first-degree murder charges, but found him guilty of the lesser-included offenses of second-degree intentional murder for the benefit of a gang under Minn.Stat. §§ 609.19, subd. 1(1) (2008), 609.”
State v. Griller, 583 N.W.2d 736 (Minn. 1998).
· cites it 6× “At the sentencing hearing, the court granted the state’s request and sentenced Griller to 480 months, the maximum sentence allowed under Minn.Stat. § 609.19 (1990). The court stated, “Frankly, if I could double the sentence I would do so.”
State v. Cole, 542 N.W.2d 43 (Minn. 1996).
· cites it 10× “The elements of second-degree felony murder are set forth in Minn.Stat. § 609.19(2) (1994), which provides that whoever “[clauses the death of a human being, without intent to effect the death of any *51 person, while committing or attempting to commit a felony offense other…”
State v. Anderson, 379 N.W.2d 70 (Minn. 1985).
· cites it 10× “185 (3) (Murder in First Degree); Count 3: the intentional death of Rudolph Blythe, Minn.Stat. § 609.19(1) (Murder in Second Degree); Count 4: the intentional death of Deems Thulin, Minn.”
Bernhardt v. State, 684 N.W.2d 465 (Minn. 2004).
· cites it 4× “185(3) (2000) (Count II); (3) second-degree intentional murder in violation of Minn.Stat. § 609.19, subd. 1 (2000) (Count III); (4) kidnapping in violation of Minn.”
— Minn. Stat. § 609.19(1) — 78 cases
State v. Anderson, 379 N.W.2d 70 (Minn. 1985).
“185 (3) (Murder in First Degree); Count 3: the intentional death of Rudolph Blythe, Minn.Stat. § 609.19(1) (Murder in Second Degree); Count 4: the intentional death of Deems Thulin, Minn.”
— Minn. Stat. § 609.19(2) — 67 cases
State v. Cole, 542 N.W.2d 43 (Minn. 1996).
“The elements of second-degree felony murder are set forth in Minn.Stat. § 609.19(2) (1994), which provides that whoever “[clauses the death of a human being, without intent to effect the death of any *51 person, while committing or attempting to commit a felony offense other…”
State v. Anderson, 379 N.W.2d 70 (Minn. 1985).
“185 (3) (Murder in First Degree); Count 3: the intentional death of Rudolph Blythe, Minn.Stat. § 609.19(1) (Murder in Second Degree); Count 4: the intentional death of Deems Thulin, Minn.”
State v. Griller, 583 N.W.2d 736 (Minn. 1998).
“At the sentencing hearing, the court granted the state’s request and sentenced Griller to 480 months, the maximum sentence allowed under Minn.Stat. § 609.19 (1990). The court stated, “Frankly, if I could double the sentence I would do so.”
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