Minn. Stat. » CHAPTER 609. CRIMINAL CODE
Minnesota Statutes

Minn. Stat. § 609.195 (2026)

Murder In The Third Degree

✓ current as of May 2026
Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

(a) Whoever, 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.

(b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering 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.

Notes of Decisions
Cited in 87 cases (9 in the last 5 years), 1963–2025 · leading case: State v. Adams, 295 N.W.2d 527 (Minn. 1980).
Sort: Relevance Newest Treatment
State v. Adams, 295 N.W.2d 527 (Minn. 1980). · cites it 28× “Defendant was arrested on August 17, 1977, and later charged with felony murder pursuant to Minn.Stat. § 609.195 (subd. 2) (1978). During the course of his trial, the trial court ruled that Duane Clark, Robert Adams, and David Parent were accomplices as a matter of law.”
State v. Meyer, 646 N.W.2d 900 (Minn. Ct. App. 2002). · cites it 36× “The state contends that the district court, therefore, clearly erred by construing “selling,” as that word is used in Minn. Stat. § 609.195 (b), to include manufacturing controlled substances and by dismissing the felony-murder charge against Meyer in favor of the…”
State v. Carithers, 490 N.W.2d 620 (Minn. 1992). · cites it 18× “At the time section 609.195 was enacted, it was unlawful for any person to “[m]anu-faeture, sell, give away, barter, deliver, exchange or distribute; or possess with intent to manufacture, sell, give away, barter, deliver, exchange or distribute, a controlled substance.”
State v. Netland, 535 N.W.2d 328 (Minn. 1995). · cites it 16× “Minn.Stat. § 609.195(a) (1994). Although lack of intent to effect death is part of the description of depraved mind murder, lack of intent is not an essential element of Minn.”
State v. Anderson, 666 N.W.2d 696 (Minn. 2003). · cites it 8× “" 40 Minn.Stat. Ann. § 609.195 at 333, 1963 advisory committee cmt.”
State v. Anderson, 654 N.W.2d 367 (Minn. Ct. App. 2002). · cites it 16× “In 1981, the legislature amended section 609.195 to apply to any felony except "criminal sexual conduct in the first or second degree with force or violence.”
State v. Barnes, 713 N.W.2d 325 (Minn. 2006). · cites it 8× “He argues that domestic abuse murder violates the Equal Protection Clause of the Minnesota Constitution because the elements of the crime overlap with those of third-degree depraved mind murder, Minn.Stat. § 609.195(a) (2004), but domestic abuse murder provides for significantly…”
State v. Wahlberg, 296 N.W.2d 408 (Minn. 1980). · cites it 4× “Minn.Stat. § 609.195 (1978) defines murder in the third degree as follows: Whoever, without intent to effect the death of any person, causes the death of another by either of the following means, is guilty of murder in the third degree***: (1) Perpetrates an act eminently…”
State v. Nunn, 297 N.W.2d 752 (Minn. 1980). · cites it 6× “” Advisory Committee, Comment, in 40 Minn.Stat.Ann. § 609.195, at 220 (West 1964).”
Matter of Welfare of M.D.S., 345 N.W.2d 723 (Minn. 1984). · cites it 6× “This appeal is from a conviction of a female juvenile in Hennepin County District Court on a charge of aiding and advising felony murder in violation of Minn.Stat. §§ 609.195 and 609.19(2) (1982).”
State v. Back, 341 N.W.2d 273 (Minn. 1983). · cites it 4× “Defendant Back contends that he should have been sentenced to only 97 months in prison, which is the presumptive sentence for third-degree depraved-mind murder, section 609.195. Mr. Back bases this in part on his belief that although he was technically guilty of felony-murder,…”
State of Minnesota v. David Muniz Bustos, 861 N.W.2d 655 (Minn. 2015). · cites it 4× “2(1) (2014), and third-degree murder, Minn. Stat. § 609.195 (a) (2014). In this direct appeal, Bustos seeks a new trial on the first-degree domestic-abuse murder charge, arguing that the district court committed reversible error when it instructed the jury on the law and when it…”
Show all 87 citing cases →
— Minn. Stat. § 609.195(1) — 2 cases
State v. Wahlberg, 296 N.W.2d 408 (Minn. 1980). “Minn.Stat. § 609.195 (1978) defines murder in the third degree as follows: Whoever, without intent to effect the death of any person, causes the death of another by either of the following means, is guilty of murder in the third degree***: (1) Perpetrates an act eminently…”
State v. Medrano, 199 N.W.2d 767 (Minn. 1972).
— Minn. Stat. § 609.195(2) — 17 cases
State v. Adams, 295 N.W.2d 527 (Minn. 1980). “Defendant was arrested on August 17, 1977, and later charged with felony murder pursuant to Minn.Stat. § 609.195 (subd. 2) (1978). During the course of his trial, the trial court ruled that Duane Clark, Robert Adams, and David Parent were accomplices as a matter of law.”
State v. Murphy, 380 N.W.2d 766 (Minn. 1986).
State v. Nunn, 297 N.W.2d 752 (Minn. 1980). “” Advisory Committee, Comment, in 40 Minn.Stat.Ann. § 609.195, at 220 (West 1964).”
State v. Jurgens, 424 N.W.2d 546 (Minn. Ct. App. 1988).
State v. Branson, 487 N.W.2d 880 (Minn. 1992).
— Minn. Stat. § 609.195(a) — 19 cases
State v. Netland, 535 N.W.2d 328 (Minn. 1995). “Minn.Stat. § 609.195(a) (1994). Although lack of intent to effect death is part of the description of depraved mind murder, lack of intent is not an essential element of Minn.”
State v. Barnes, 713 N.W.2d 325 (Minn. 2006). “He argues that domestic abuse murder violates the Equal Protection Clause of the Minnesota Constitution because the elements of the crime overlap with those of third-degree depraved mind murder, Minn.Stat. § 609.195(a) (2004), but domestic abuse murder provides for significantly…”
State v. Auchampach, 540 N.W.2d 808 (Minn. 1995).
State v. Anderson, 654 N.W.2d 367 (Minn. Ct. App. 2002). “In 1981, the legislature amended section 609.195 to apply to any felony except "criminal sexual conduct in the first or second degree with force or violence.”
State v. Montermini, 819 N.W.2d 447 (Minn. Ct. App. 2012).
— Minn. Stat. § 609.195(b) — 9 cases
State v. Meyer, 646 N.W.2d 900 (Minn. Ct. App. 2002). “The state contends that the district court, therefore, clearly erred by construing “selling,” as that word is used in Minn. Stat. § 609.195 (b), to include manufacturing controlled substances and by dismissing the felony-murder charge against Meyer in favor of the…”
State v. Carithers, 490 N.W.2d 620 (Minn. 1992). “At the time section 609.195 was enacted, it was unlawful for any person to “[m]anu-faeture, sell, give away, barter, deliver, exchange or distribute; or possess with intent to manufacture, sell, give away, barter, deliver, exchange or distribute, a controlled substance.”
State v. Jones, 745 N.W.2d 845 (Minn. 2008).
State v. Vasquez, 776 N.W.2d 452 (Minn. Ct. App. 2009).
State Farm Fire & Cas. Co. v. Schwich, 749 N.W.2d 108 (Minn. Ct. App. 2008).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.