US Laws, Codes, Statutes & Cases

     609.205 Manslaughter in the second degree. 

    A person who causes the death of another by any of the 
 following means is guilty of manslaughter in the second degree 
 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: 

    (1) by the person's culpable negligence whereby the person 
 creates an unreasonable risk, and consciously takes chances of 
 causing death or great bodily harm to another; or 

    (2) by shooting another with a firearm or other dangerous 
 weapon as a result of negligently believing the other to be a 
 deer or other animal; or 

    (3) by setting a spring gun, pit fall, deadfall, snare, or 
 other like dangerous weapon or device; or 

    (4) 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, to run 
 uncontrolled off the owner's premises, or negligently failing to 
 keep it properly confined; or 

    (5) by committing or attempting to commit a violation of 
 section 609.378 (neglect or endangerment of a child), and murder 
 in the first, second, or third degree is not committed thereby.  

    If proven by a preponderance of the evidence, it shall be 
 an affirmative defense to criminal liability under clause (4) 
 that the victim provoked the animal to cause the victim's death. 

    HIST: 1963 c 753 art 1 s 609.205; 1984 c 628 art 3 s 11; 1985 
 c 294 s 6; 1986 c 444; 1989 c 290 art 6 s 5; 1995 c 244 s 14 

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