Minnesota Statutes

Minn. Stat. § 609.2112 (2026)

Criminal Vehicular Homicide

✓ current as of May 2026

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Subdivision 1.Criminal vehicular homicide.

(a) Except as provided in paragraph (b), a person is guilty of criminal vehicular homicide 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, if the person causes the death of a human being not constituting murder or manslaughter as a result of operating a motor vehicle:

(1) in a grossly negligent manner;

(2) in a negligent manner while under the influence of:

(i) alcohol;

(ii) a controlled substance;

(iii) cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols; or

(iv) any combination of those elements;

(3) while having an alcohol concentration of 0.08 or more;

(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;

(5) in a negligent manner while under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment;

(6) in a negligent manner while any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's body;

(7) where the driver who causes the collision leaves the scene of the collision in violation of section 169.09, subdivision 1 or 6; or

(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the death was caused by the defective maintenance.

(b) If a person is sentenced under paragraph (a) for a violation under paragraph (a), clauses (2) to (6), occurring within ten years of a qualified prior driving offense, the statutory maximum sentence of imprisonment is 15 years.

Subd. 2.Affirmative defense.

It shall be an affirmative defense to a charge under subdivision 1, clause (6), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.

Notes of Decisions

Cited in 10 cases (5 in the last 5 years), 2015–2025 · leading case: State v. Boecker, 893 N.W.2d 348 (Minn. 2017).

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State v. Boecker, 893 N.W.2d 348 (Minn. 2017). · cites it 8× “See Minn. Stat. §§ 609.2112 , subd. l(2)-(6); 609.”

State v. Hunn, 911 N.W.2d 816 (Minn. 2018). · cites it 2× “The statutes permit a test to be required "despite [a] person's refusal" only if the officer has probable cause to believe that the person has violated the criminal vehicular homicide statutes- Minn. Stat. §§ 609.2112 -.2114 (2016) and Minn.”

State of Minnesota, Respondent, vs. Henry Lee Brown, Appellant (Minn. 2025). · cites it 53× “This case presents an issue of statutory interpretation—specifically, whether the criminal vehicular homicide statute for leaving the scene, Minn. Stat. § 609.2112 , subd. 1(a)(7) (2024), 1 requires the State to prove a defendant was operating a motor vehicle at the time of a…”

State v. Hall, 931 N.W.2d 737 (Minn. 2019). · cites it 2× “195 (a), criminal vehicular homicide, Minn. Stat. § 609.2112 , subd. 1(a)(1) (2018), and criminal vehicular operation, Minn.”

State of Minnesota v. Henry Lee Brown (Minn. Ct. App. 2024). · cites it 7× “See Minn. Stat. § 609.2112 , subds. 1(a)(2)(i), 1(a)(7) (2020).”

State of Minnesota v. Adam Blaine Davis (Minn. Ct. App. 2017). · cites it 4× “Minn. Stat. § 609.2112 , subd. 1(2)(iii) (2014).”

State of Minnesota v. Kevin Kris Christensen (Minn. Ct. App. 2024). · cites it 2× “Christensen pleaded guilty to criminal vehicular homicide, in violation of Minnesota Statutes section 609.2112, subdivision 1(b) (2020), pursuant to a plea agreement.”

State of Minnesota v. Robert Daniel Neumiller (Minn. Ct. App. 2024). · cites it 2× “as a result of operating a motor vehicle[] in a grossly negligent manner.”

State of Minnesota v. Jill Marie Zetterwall (Minn. Ct. App. 2024). · cites it 2× “Respondent State of Minnesota charged Zetterwall with criminal vehicular homicide— operating a vehicle with negligence while under the influence of alcohol—pursuant to Minn. Stat. § 609.2112 , subd. 1(a)(2)(i) (2020).”

State of Minnesota v. Javon Lamar Johnson (Minn. Ct. App. 2015). · cites it 2× “laughter as causing a death “as a result of negligently believing [a person] to be a deer or other animal” or “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,…”

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