Murder in Minnesota law constitutes the killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Minnesota.
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. [1]
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. [2] [3]
The factors in bold are factors that warrant a sentence of life imprisonment without parole. [4] Without one of the circumstances in bold, the standard sentence for first-degree murder is life-with-parole after 30 years. [5] 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. [6]
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, [a] but only that the defendant committed a felony causing another person's death. [7] 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. [8]
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. [9]
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. [3] There is no minimum, so a defendant could hypothetically serve no prison time. [8]
The sentences for homicide offenses in Minnesota are listed below.
| Offense | Mandatory sentence |
|---|---|
| Second-degree manslaughter | Up to 10 years in prison |
| Vehicular homicide | |
| First-degree manslaughter | Up to 15 years in prison |
| Third-degree murder | Up to 25 years in prison |
| Second-degree murder | Up to 40 years in prison |
| First-degree murder | For adults: Life imprisonment with the possibility of parole after 30 years, or life-without-parole For juveniles: |