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Minnesota Statutes

Minn. Stat. § 609.266 (2026)

Definitions

✓ current as of May 2026
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The definitions in this section apply to sections 609.2114, subdivisions 1 and 2, and 609.2661 to 609.2691:

(a) "Unborn child" means the unborn offspring of a human being conceived, but not yet born.

(b) "Whoever" does not include the pregnant woman.

Notes of Decisions
Cited in 11 cases, 1990–2013 · leading case: State v. Merrill, 450 N.W.2d 318 (Minn. 1990).
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State v. Merrill, 450 N.W.2d 318 (Minn. 1990). · cites it 8× “" [2] These two statutes, enacted by the legislature in 1986, follow precisely the language of our murder statutes, except that "unborn child" is substituted for "human being" and "person.”
People v. Davis, 872 P.2d 591 (Cal. 1994). · cites it 4× “( Minn. Stat. Ann. §§ 609.266 , 609.2661; N.”
Commonwealth v. Bullock, 868 A.2d 516 (Pa. Super. Ct. 2005). · cites it 2× “As here, the statute exempts pregnant women from liability, Minn.Stat. § 609.266, as well as all acts committed during a consensual abortion.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “322 (LexisNexis 2003) (designating as manslaughter wilful killing of “an unborn quick child”); Minn. Stat. Ann. §§ 609.266 (a) and 609.2661 through 609.”
Jennie McCormack v. Mark Hiedeman, 694 F.3d 1004 (9th Cir. 2012). “§ 14:87(A)(2) (penalties for criminalized abortions not applicable to pregnant women having abortions); Minn.Stat. § 609.266 (excluding the "pregnant woman” from liability for "crimes against unborn children”); Neb.”
State v. Petersen, 799 N.W.2d 653 (Minn. Ct. App. 2011). · cites it 2× “” Minn.Stat. § 609.266(a) (2006). Appellant argues that he cannot be held legally responsible for killing D.”
State v. Noble, 669 N.W.2d 915 (Minn. Ct. App. 2003). · cites it 2× “2d at 322 (noting that the statute does not distinguish between viable and nonviable unborn children).”
Vo v. Superior Court, 836 P.2d 408 (Ariz. Ct. App. 1992). “" Compare Minn.Stat.Ann. § 609.266 (West 1988) with N.”
Ankrom v. State, 152 So. 3d 397 (Ala. 2013). “(2004); Minn. Stat. Ann. § 609.266 et seq. (2009); Miss.”
State v. Bauer, 471 N.W.2d 363 (Minn. Ct. App. 1991). · cites it 2× “Minn.Stat. § 609.266(b) (1988). However, the rationale of that exclusion is to exclude abortion from the statutes and not to justify the suicide of the pregnant woman or to bar liability of the woman’s accomplice if she succeeds.”
State v. Chao Yang, 533 N.W.2d 81 (Minn. Ct. App. 1995). · cites it 4× “" Minn.Stat. § 609.266(a) (1992). Under the sentencing guidelines, murder of an unborn child holds the same offense severity level as *87 murder and therefore yields the same presumptive sentence.”
— Minn. Stat. § 609.266(a) — 5 cases
State v. Merrill, 450 N.W.2d 318 (Minn. 1990). “" [2] These two statutes, enacted by the legislature in 1986, follow precisely the language of our murder statutes, except that "unborn child" is substituted for "human being" and "person.”
Commonwealth v. Bullock, 868 A.2d 516 (Pa. Super. Ct. 2005). “As here, the statute exempts pregnant women from liability, Minn.Stat. § 609.266, as well as all acts committed during a consensual abortion.”
State v. Petersen, 799 N.W.2d 653 (Minn. Ct. App. 2011). “” Minn.Stat. § 609.266(a) (2006). Appellant argues that he cannot be held legally responsible for killing D.”
State v. Noble, 669 N.W.2d 915 (Minn. Ct. App. 2003). “2d at 322 (noting that the statute does not distinguish between viable and nonviable unborn children).”
State v. Chao Yang, 533 N.W.2d 81 (Minn. Ct. App. 1995). “" Minn.Stat. § 609.266(a) (1992). Under the sentencing guidelines, murder of an unborn child holds the same offense severity level as *87 murder and therefore yields the same presumptive sentence.”
— Minn. Stat. § 609.266(b) — 1 case
State v. Bauer, 471 N.W.2d 363 (Minn. Ct. App. 1991). “Minn.Stat. § 609.266(b) (1988). However, the rationale of that exclusion is to exclude abortion from the statutes and not to justify the suicide of the pregnant woman or to bar liability of the woman’s accomplice if she succeeds.”
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