US Laws, Codes, Statutes & Cases

     609.19 Murder in the second degree. 

    Subdivision 1.    Intentional murder; drive-by shootings. 
  Whoever does either of the following is guilty of murder in 
 the second degree and may be sentenced to imprisonment for not 
 more than 40 years:  

    (1) causes the death of a human being with intent to effect 
 the death of that person or another, but without premeditation 
 or 

    (2) causes the death of a human being while committing or 
 attempting to commit a drive-by shooting in violation of section 
 609.66, subdivision 1e, under circumstances other than those 
 described in section 609.185, clause (3). 

    Subd. 2.    Unintentional murders.  Whoever does either 
 of the following is guilty of unintentional murder in the second 
 degree and may be sentenced to imprisonment for not more than 40 
 years: 

    (1) causes the death of a human being, without intent to 
 effect the death of any person, while committing or attempting 
 to commit a felony offense other than criminal sexual conduct in 
 the first or second degree with force or violence or a drive-by 
 shooting; or 

    (2) causes the death of a human being without intent to 
 effect the death of any person, while intentionally inflicting 
 or attempting to inflict bodily harm upon the victim, when the 
 perpetrator is restrained under an order for protection and the 
 victim is a person designated to receive protection under the 
 order.  As used in this clause, "order for protection" includes 
 an order for protection issued under chapter 518B; a harassment 
 restraining order issued under section 609.748; a court order 
 setting conditions of pretrial release or conditions of a 
 criminal sentence or juvenile court disposition; a restraining 
 order issued in a marriage dissolution action; and any order 
 issued by a court of another state or of the United States that 
 is similar to any of these orders. 

    HIST: 1963 c 753 art 1 s 609.19; 1981 c 227 s 10; 1992 c 571 
 art 4 s 6; 1995 c 226 art 2 s 16; 1996 c 408 art 4 s 8; 1998 c 
 367 art 2 s 8 

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.