Murder in Minnesota law

The United States Centers for Disease Control and Prevention reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.

Definitions

First-degree murder

Minnesota law specifies five levels of homicide in total, with first-degree murder being the most serious form of homicide. First-degree murder constitutes the killing of an individual under one of the following circumstances.

• The murder was premeditated
• The murder was committed while the perpetrator was committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence
• The murder was committed while the perpetrator was committing or attempting to commit burglary, aggravated robbery, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or the unlawful sale of a controlled substance
• The murder was of a peace officer, prosecuting attorney, judge, or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the person is engaged in the performance of official duties
• The murder was of a minor while the perpetrator was committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life
• The murder was committed while the perpetrator was committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life
• The murder was committed while the perpetrator was committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life
• The murder was committed during a kidnapping
• The perpetrator had been previously convicted of another "heinous crime"

The factors in bold are factors that warrant a sentence of life imprisonment without parole. Without one of the circumstances in bold, the standard sentence for first-degree murder is life-with-parole after 30 years. The only exception for life-without-parole sentences are for first-degree murders where the perpetrator was under the age of 18, as Minnesota abolished juvenile life-without-parole sentences in May 2023.

Second-degree murder

Second-degree murder in Minnesota is split into two types: intentional and unintentional. Intentional second-degree murder constitutes the intentional murder of a person without premeditation. Unintentional second-degree murder is defined as a murder in which the prosecution is not required to prove intent, but only that the defendant committed a felony causing another person's death. Unintentional second-degree murder is Minnesota's felony murder rule; unlike most other states that have the felony murder rule, Minnesota punishes felony murder as second-degree murder rather than first-degree. Minnesota's rule is unique in the sense that it does not require an independent felony from the elements of murder, so a felony such as assault causing someone's death can result in a defendant being charged with second-degree murder.

The maximum sentence for second-degree murder is 40 years in prison, and the recommended sentencing guidelines suggest 12+1⁄2 years for a first-time offender. There is no mandatory minimum, so hypothetically someone could serve no prison time for second-degree murder.

Derek Chauvin, a white police officer who murdered George Floyd, an unarmed black man, was convicted of second-degree murder under the state's felony murder rule in a highly publicized trial in 2021, with the underlying felony being assault. Chauvin received a sentence of 22+1⁄2 years in prison.

Third-degree murder

Third-degree murder in Minnesota is defined as when a perpetrator engages in an act eminently dangerous to others and evincing a depraved mind, without regard for human life, or engaging in a drug deal resulting in someone's death. The recommended sentencing guidelines for third-degree murder is 10 to 15 years in prison for a first-time offender, and the maximum is 25 years in prison. There is no minimum, so a defendant could hypothetically serve no prison time.