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Minnesota Statutes

Minn. Stat. § 609.205 (2026)

Manslaughter In The Second Degree

✓ current as of May 2026
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A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.

If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.

Notes of Decisions
Cited in 67 cases (5 in the last 5 years), 1964–2026 · leading case: State v. McKown, 475 N.W.2d 63 (Minn. 1991).
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State v. McKown, 475 N.W.2d 63 (Minn. 1991). · cites it 22× “378 (1988), the child neglect statute, or Minn.Stat. § 609.205 (1988), setting out the crime of second degree manslaughter, suggests they are so closely related as to require them to be interpreted in the light of each other.”
State v. Frost, 342 N.W.2d 317 (Minn. 1983). · cites it 10× “Minn. Stat. § 609.205 (1980) defines second-degree manslaughter in terms of culpable negligence whereby the actor consciously takes the chance of causing another’s death or serious injury; this definition corresponds with “recklessness” as defined by Wharton, supra.”
State v. Back, 775 N.W.2d 866 (Minn. 2009). · cites it 10× “A Hennepin County jury found appellant Danna Back guilty of manslaughter in the second degree in violation of Minn.Stat. § 609.205(1) (2008), 1 in connection with the death of Daniel Holliday.”
State v. McCormick, 835 N.W.2d 498 (Minn. Ct. App. 2013). · cites it 6× “Even taking the evidence in the light most favorable to the state, and although the evidence reasonably supports inferences consistent with appellant’s guilt, we are compelled to conclude that there are also reasonable inferences to be drawn from the circumstances proved that…”
State v. Cole, 542 N.W.2d 43 (Minn. 1996). · cites it 4× “Cole next argues that the district court erred in not instructing the jury on second-degree manslaughter under Minn. Stat. § 609.205 (1). Second-degree manslaughter is defined as causing the death of another by “the person’s culpable negligence whereby the person creates an…”
State v. Zupetz, 322 N.W.2d 730 (Minn. 1982). · cites it 6× “Minn.Stat. § 609.205 (1980). The jury received the following instructions on culpable negligence: Culpable negligence is more than ordinary negligence.”
State v. Behl, 564 N.W.2d 560 (Minn. 1997). · cites it 4× “The jury found Behl not guilty of first-degree murder, but guilty of manslaughter in the second degree in violation of Minnesota Statutes section 609.205, possession or operation of a short-barrelled shotgun in violation of section 609.”
State v. Auchampach, 540 N.W.2d 808 (Minn. 1995). · cites it 4× “791 (1994); Minn.Stat. § 609.205(1994); Minn.Stat. § 609.”
State v. Laine, 715 N.W.2d 425 (Minn. 2006). · cites it 4× “20(2) (2004); and second-degree manslaughter, Minn.Stat. § 609.205(1) (2004). Second-degree felony murder, first-degree manslaughter, and second-degree manslaughter were submitted to the jury as lesser-included offenses of first-degree domestic abuse murder.”
State v. Jurgens, 424 N.W.2d 546 (Minn. Ct. App. 1988). · cites it 10× “Although the scenario of a serious and unexplained falling injury may reasonably preclude an accident theory, it rationally describes a simple assault in which appellant consciously risked causing death or great bodily harm or used such force that death or great bodily harm was…”
In Re Welfare of C.R.M., 611 N.W.2d 802 (Minn. 2000). · cites it 4× “2d at 1412-13 , the court of appeals referred to Minnesota statutes creating felonies in negligence crimes, for example Minn.Stat. § 609.205 (1998), which provides a penalty of up to 10 years in prison for culpable negligence resulting in the death of another, and Minn.”
State v. Penkaty, 708 N.W.2d 185 (Minn. 2006). · cites it 2× “” Minn.Stat. § 609.205, subd. 1 (2004). Premeditation was the subject of significant conflicting testimony and argument at Penkaty’s trial.”
Show all 67 citing cases →
— Minn. Stat. § 609.205(1) — 35 cases
State v. McKown, 475 N.W.2d 63 (Minn. 1991). “378 (1988), the child neglect statute, or Minn.Stat. § 609.205 (1988), setting out the crime of second degree manslaughter, suggests they are so closely related as to require them to be interpreted in the light of each other.”
State v. Back, 775 N.W.2d 866 (Minn. 2009). “A Hennepin County jury found appellant Danna Back guilty of manslaughter in the second degree in violation of Minn.Stat. § 609.205(1) (2008), 1 in connection with the death of Daniel Holliday.”
State v. Frost, 342 N.W.2d 317 (Minn. 1983). “Minn. Stat. § 609.205 (1980) defines second-degree manslaughter in terms of culpable negligence whereby the actor consciously takes the chance of causing another’s death or serious injury; this definition corresponds with “recklessness” as defined by Wharton, supra.”
State v. Laine, 715 N.W.2d 425 (Minn. 2006). “20(2) (2004); and second-degree manslaughter, Minn.Stat. § 609.205(1) (2004). Second-degree felony murder, first-degree manslaughter, and second-degree manslaughter were submitted to the jury as lesser-included offenses of first-degree domestic abuse murder.”
State v. McCormick, 835 N.W.2d 498 (Minn. Ct. App. 2013). “Even taking the evidence in the light most favorable to the state, and although the evidence reasonably supports inferences consistent with appellant’s guilt, we are compelled to conclude that there are also reasonable inferences to be drawn from the circumstances proved that…”
— Minn. Stat. § 609.205(1994) — 1 case
State v. Auchampach, 540 N.W.2d 808 (Minn. 1995). “791 (1994); Minn.Stat. § 609.205(1994); Minn.Stat. § 609.”
— Minn. Stat. § 609.205(2) — 1 case
State v. Landherr, 542 N.W.2d 686 (Minn. Ct. App. 1996).
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