Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both:
(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation;
(2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;
(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another;
(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V; or
(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.
As used in this section, a "person of ordinary self-control" does not include a person under the influence of intoxicants or a controlled substance.
Notes of Decisions
Cited in
117
cases (
6 in the last 5 years), 1966–2024 · leading case:
State v. Caine, 746 N.W.2d 339 (Minn. 2008).
State v. Caine, 746 N.W.2d 339 (Minn. 2008).
· cites it 66× “Fourth, Caine claims the court erred when it denied his request for a jury instruction on first-degree manslaughter under Minn. Stat. § 609.20 (3) (2006). Finally, Caine claims that several acts of prosecutorial misconduct prejudiced him and that this misconduct warrants a new…”
State v. Adams, 295 N.W.2d 527 (Minn. 1980).
· cites it 32× “Defendant requested an instruction on first degree manslaughter which is defined in Minn.Stat. § 609.20 (subd. 2) (1978) as follows: Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or…”
State v. Stewart, 624 N.W.2d 585 (Minn. 2001).
· cites it 16× “The trial court granted appellant’s request for a jury instruction on first-degree manslaughter (heat of passion) with respect to the deaths of Carlson-Bey and her unborn child, but denied the same request with respect to Jereau, concluding that under Minn.Stat. § 609.20 the…”
State v. Hannon, 703 N.W.2d 498 (Minn. 2005).
· cites it 8× “The district court instructed the jury on each crime charged, but refused Hannon’s request that the jury also be instructed on the lesser-included offenses of first-degree heat-of-passion manslaughter under Minn. Stat. § 609.20 (1) (2004), and second-degree unintentional felony…”
State v. Bird, 734 N.W.2d 664 (Minn. 2007).
· cites it 17× “Laws 2326 , 2334. Nevertheless, Bird argues that Thunberg is still good law to the extent it indicates that “the circumstances a jury may consider generally include the peculiar mental or physical characteristics of the defendant.”
State v. Bradford, 618 N.W.2d 782 (Minn. 2000).
· cites it 8× “" Minn.Stat. § 609.20(1) (1998). He is guilty of first-degree domestic abuse murder if he "causes the death of a human being while committing domestic abuse when [he] has engaged in a past pattern of domestic abuse upon the victim and the death occurs under circumstances…”
Arredondo v. State, 754 N.W.2d 566 (Minn. 2008).
· cites it 8× “And a person is guilty of first-degree misdemeanor manslaughter if that person “causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was…”
State v. Auchampach, 540 N.W.2d 808 (Minn. 1995).
· cites it 8× “See Minn.Stat. § 609.20(1). The court, however, refused Auchampach's request to give an instruction to the jury pursuant to CRIMJIG 11.”
State v. Kelly, 435 N.W.2d 807 (Minn. 1989).
· cites it 6× “Defendant argues the judge’s refusal to instruct the jury on first degree (heat of passion) manslaughter, 1 Minn.Stat. § 609.20(1) (1986), constituted reversible error.”
State v. Goelz, 743 N.W.2d 249 (Minn. 2007).
· cites it 4× “On September 29, 2006, the jury convicted Goelz of first-degree manslaughter (heat-of-passion) in violation of Minn.Stat. § 609.20(1) (2006), and first-degree murder (domestic abuse) in violation of Minn.”
State v. Dodis, 314 N.W.2d 233 (Minn. 1982).
· cites it 6× “" Minn.Stat. § 609.20(1) (1980). He testified at trial that Paladie, after drinking and quarreling, forced defendant to sit near him and commit sodomy on him, telling him that the act would be repeated.”
State v. Carney, 649 N.W.2d 455 (Minn. 2002).
· cites it 5× “At trial appellant requested a jury instruction on the lesser-included offense of first-degree heat-of-passion manslaughter under Minn.Stat. § 609.20(1) (2000). The district court denied the request and the jury found appellant guilty of first-degree premeditated murder.”
— Minn. Stat. § 609.20(1) — 46 cases
State v. Caine, 746 N.W.2d 339 (Minn. 2008).
“Fourth, Caine claims the court erred when it denied his request for a jury instruction on first-degree manslaughter under Minn. Stat. § 609.20 (3) (2006). Finally, Caine claims that several acts of prosecutorial misconduct prejudiced him and that this misconduct warrants a new…”
State v. Bradford, 618 N.W.2d 782 (Minn. 2000).
“" Minn.Stat. § 609.20(1) (1998). He is guilty of first-degree domestic abuse murder if he "causes the death of a human being while committing domestic abuse when [he] has engaged in a past pattern of domestic abuse upon the victim and the death occurs under circumstances…”
State v. Bird, 734 N.W.2d 664 (Minn. 2007).
“Laws 2326 , 2334. Nevertheless, Bird argues that Thunberg is still good law to the extent it indicates that “the circumstances a jury may consider generally include the peculiar mental or physical characteristics of the defendant.”
State v. Auchampach, 540 N.W.2d 808 (Minn. 1995).
“See Minn.Stat. § 609.20(1). The court, however, refused Auchampach's request to give an instruction to the jury pursuant to CRIMJIG 11.”
State v. Kelly, 435 N.W.2d 807 (Minn. 1989).
“Defendant argues the judge’s refusal to instruct the jury on first degree (heat of passion) manslaughter, 1 Minn.Stat. § 609.20(1) (1986), constituted reversible error.”
— Minn. Stat. § 609.20(2) — 21 cases
Arredondo v. State, 754 N.W.2d 566 (Minn. 2008).
“And a person is guilty of first-degree misdemeanor manslaughter if that person “causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was…”
— Minn. Stat. § 609.20(3) — 5 cases
State v. Caine, 746 N.W.2d 339 (Minn. 2008).
“Fourth, Caine claims the court erred when it denied his request for a jury instruction on first-degree manslaughter under Minn. Stat. § 609.20 (3) (2006). Finally, Caine claims that several acts of prosecutorial misconduct prejudiced him and that this misconduct warrants a new…”
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