Whoever does any of the following is guilty of murder of an unborn child in the first degree and must be sentenced to imprisonment for life:
(1) causes the death of an unborn child with premeditation and with intent to effect the death of the unborn child or of another;
(2) causes the death of an unborn child while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the mother of the unborn child or another; or
(3) causes the death of an unborn child with intent to effect the death of the unborn child or another while committing or attempting to commit burglary, aggravated robbery, carjacking in the first or second degree, kidnapping, arson in the first or second degree, tampering with a witness in the first degree, or escape from custody.
Notes of Decisions
Cited in
8
cases, 1990–2019 · leading case:
State v. Merrill, 450 N.W.2d 318 (Minn. 1990).
State v. Merrill, 450 N.W.2d 318 (Minn. 1990).
· cites it 35× “NOTES [1] Minn.Stat. § 609.2661 (1988), provides in part: Whoever does any of the following is guilty of murder of an unborn child in the first degree and must be sentenced to imprisonment for life: (1) causes the death of an unborn child with premeditation and with intent to…”
State v. Mouelle, 922 N.W.2d 706 (Minn. 2019).
· cites it 8× “" Minn. Stat. § 609.2661 (1) (emphasis added).”
People v. Davis, 872 P.2d 591 (Cal. 1994).
· cites it 4× “" ( Minn. Stat. § 609.2661 (1) (1988).) In rejecting the defendant's constitutional challenge that the homicide statute violated equal protection because an unborn child lacks "personhood" and is not a "person" under Roe v.”
State v. Courchesne, 998 A.2d 1 (Conn. 2010).
“Compare Minn. Stat. § 609.2661 (1988) with Minn. Stat.”
Commonwealth v. Bullock, 868 A.2d 516 (Pa. Super. Ct. 2005).
“1 (quoting Minn. Stat. § 609.2661 ). 5 Similar to the law at issue here, the Minnesota statute defines “unborn child” as “ ‘the unborn offspring of a human being conceived, but not yet born.”
State v. Lamy, 969 A.2d 451 (N.H. 2009).
“322 (West 2004); Minn. Stat. Ann. § 609.2661 (West 2003); Miss.”
State v. Noble, 669 N.W.2d 915 (Minn. Ct. App. 2003).
“04, a prosecution for or conviction under sections 609.2661 to 609.268 is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.”
Woodin v. Rasmussen, 455 N.W.2d 535 (Minn. Ct. App. 1990).
· cites it 2× “, Minn.Stat. §§ 609.2661(1) and .2662(1) (1988) (the unborn child homicide statutes).”
— Minn. Stat. § 609.2661(1) — 2 cases
State v. Merrill, 450 N.W.2d 318 (Minn. 1990).
“NOTES [1] Minn.Stat. § 609.2661 (1988), provides in part: Whoever does any of the following is guilty of murder of an unborn child in the first degree and must be sentenced to imprisonment for life: (1) causes the death of an unborn child with premeditation and with intent to…”
Woodin v. Rasmussen, 455 N.W.2d 535 (Minn. Ct. App. 1990).
“, Minn.Stat. §§ 609.2661(1) and .2662(1) (1988) (the unborn child homicide statutes).”
— Minn. Stat. § 609.2661(3) — 1 case
State v. Merrill, 450 N.W.2d 318 (Minn. 1990).
“NOTES [1] Minn.Stat. § 609.2661 (1988), provides in part: Whoever does any of the following is guilty of murder of an unborn child in the first degree and must be sentenced to imprisonment for life: (1) causes the death of an unborn child with premeditation and with intent to…”
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