2005 Minnesota Statutes - 609.2665 — Manslaughter of an unborn child in the second degree.

     609.2665 Manslaughter of an unborn child in the second 
  degree. 


    A person who causes the death of an unborn child by any of 
 the following means is guilty of manslaughter of an unborn child 
 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 actor's culpable negligence whereby the actor 
 creates an unreasonable risk and consciously takes chances of 
 causing death or great bodily harm to an unborn child or a 
 person; 


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


    (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. 


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


    HIST: 1986 c 388 s 10; 1989 c 290 art 6 s 13