Minnesota
How Long Is a Life Sentence in Minnesota? (2026 Guide)
Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. · 8 primary sources cited on this page. How we verify our legal content

In Minnesota, first-degree murder always carries a life sentence, but whether that sentence allows parole depends on which subsection of Minn. Stat. § 609.185 applies. Under Minn. Stat. § 609.106, most forms of first-degree murder — including plain premeditated murder — draw mandatory life without parole. Only a narrower set of felony-murder and child-/domestic-abuse-murder convictions without a prior "heinous crime" conviction draw life with a 30-year minimum before parole eligibility, under Minn. Stat. § 244.05, subd. 4(b).
This article was last reviewed and updated on March 17, 2026. All statutes, case law, sentencing data, and legislative developments have been verified against current Minnesota government sources.
In Minnesota, a first-degree murder conviction always carries a life sentence, but most of the statute's clauses — including plain premeditated murder, murder of a peace officer, and murder during a criminal sexual assault — draw mandatory life without parole under Minn. Stat. § 609.106. A narrower subset of first-degree murder convictions (non-kidnapping felony murder, or child-/domestic-abuse murder without a prior "heinous crime" conviction) instead draws life with a 30-year minimum before parole eligibility, under Minn. Stat. § 244.05, subd. 4(b), for offenses committed on or after August 1, 1989.
Minnesota stands apart from most states in several important ways. It abolished the death penalty in 1911 — more than a century ago — making it one of the earliest states to permanently end capital punishment. It is also one of only three states in the country that recognize third-degree murder as a distinct offense, a legal classification that gained national attention through the prosecutions of Derek Chauvin and Mohamed Noor.
The state's sentencing system is governed by the Minnesota Sentencing Guidelines Commission, which sets presumptive sentences based on the severity of the offense and the offender's criminal history. Judges may depart from these guidelines only when aggravating or mitigating factors are present and documented on the record.
Minnesota Life Sentence Statutes
Minnesota's homicide statutes are organized across several sections of Minnesota Statutes Chapter 609.
First-Degree Murder (Minn. Stat. § 609.185): This is the most serious homicide charge in Minnesota. First-degree murder includes premeditated murder, murder committed during the commission of certain felonies (such as criminal sexual conduct, kidnapping, arson, or burglary), murder of a peace officer, and murder involving domestic abuse with a pattern of past conduct.
A conviction for first-degree murder carries a mandatory sentence of life imprisonment, and under Minn. Stat. § 609.106, most first-degree murder clauses require that the life sentence be without possibility of release. Only for the narrower subset of clauses that fall outside § 609.106's mandatory-LWOP list does Minn. Stat. § 244.05, subd. 4(b) set a 30-year minimum before parole eligibility, for offenses committed on or after August 1, 1989.
Second-Degree Murder (Minn. Stat. § 609.19): Second-degree murder covers intentional murder without premeditation and unintentional murder caused while committing or attempting to commit a felony. The presumptive sentence under the sentencing guidelines varies based on criminal history, but it typically ranges from approximately 10.5 to 30+ years depending on severity level and criminal history score.
Third-Degree Murder (Minn. Stat. § 609.195): Minnesota is one of only three states — along with Florida and Pennsylvania — that recognize third-degree murder. Under this statute, a person is guilty of third-degree murder if they cause the death of another "by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life." The maximum sentence is 25 years in prison.
Third-degree murder is discussed in detail in a dedicated section below, given its unique legal significance and the landmark cases that have defined its scope.
Manslaughter (Minn. Stat. § 609.20 and § 609.205): First-degree manslaughter (heat of passion or certain other circumstances) carries a maximum of 15 years. Second-degree manslaughter (culpable negligence creating unreasonable risk) carries a maximum of 10 years.
Parole Eligibility
Minnesota's parole system for life sentences is straightforward compared to many states.

The 30-Year Minimum (Post-1989, Non-LWOP Clauses Only)
For anyone convicted of first-degree murder for an offense committed on or after August 1, 1989, Minn. Stat. § 244.09 requires a minimum of 30 years of imprisonment before the person becomes eligible for parole consideration. This is not a guarantee of release — it is the earliest point at which the Minnesota Commissioner of Corrections may consider the person for supervised release.
Pre-1989 Offenses
For offenses committed before August 1, 1989, the parole eligibility rules were different and generally more favorable. The Minnesota Sentencing Guidelines Commission and the Commissioner of Corrections applied earlier standards that could allow parole consideration after a shorter period.
Life Without Parole (LWOP)
Minnesota makes life without the possibility of parole the mandatory sentence for most forms of first-degree murder under Minn. Stat. § 609.106 — including plain premeditated intentional murder, murder during a criminal sexual assault, murder of a peace officer or judge, murder to further terrorism, kidnap-murder, and any of the remaining clauses where the defendant has a prior "heinous crime" conviction. For LWOP sentences, the only paths to release are executive clemency from the governor or a successful court challenge that results in resentencing.
The Parole Process
Once eligible, the individual's case is reviewed by the Commissioner of Corrections. The commissioner evaluates institutional conduct, rehabilitation efforts, risk assessment, the nature of the offense, victim input, and the individual's release plan. Even after 30 years, release is not automatic — many individuals serve well beyond the minimum before being granted supervised release, and some are never released.
| Offense | Sentence | Parole Eligibility |
|---|---|---|
| First-degree murder (post-1989) | Life | 30 years minimum |
| First-degree murder (pre-1989) | Life | Varies (earlier standards) |
| First-degree murder (LWOP) | Life without parole | Never |
| Second-degree murder | Guideline-based | Varies by sentence |
| Third-degree murder | Up to 25 years | Varies by sentence |
Third-Degree Murder: A Rare and Consequential Charge
Minnesota's third-degree murder statute is one of the most legally significant and distinctive features of the state's criminal code. Only three states — Minnesota, Florida, and Pennsylvania — recognize third-degree murder as a separate offense.

The "Depraved Mind" Standard
Under Minn. Stat. § 609.195, third-degree murder requires an act that is "eminently dangerous to others and evincing a depraved mind, without regard for human life." This is a lower threshold than the intent requirement for first- or second-degree murder. The key distinction is that the defendant need not have intended to kill anyone — they engaged in conduct so reckless and dangerous that it demonstrated a depraved indifference to human life.
Historically, third-degree murder was applied to situations like firing a gun into a crowd or distributing drugs that caused a fatal overdose. The statute took on vastly greater significance during the Chauvin and Noor prosecutions.
State v. Noor: Defining the Boundaries
The case of Mohamed Noor — a Minneapolis police officer who shot and killed Justine Ruszczyk Damond in July 2017 while she was reporting a possible assault behind her home — became the vehicle for the Minnesota Supreme Court to clarify the meaning of third-degree murder.
Noor was convicted of both third-degree murder and second-degree manslaughter at trial. On appeal, the Minnesota Supreme Court reversed the third-degree murder conviction in State v. Noor (2021), holding that third-degree murder requires conduct that is dangerous to people generally — not directed at a specific person.
Because Noor fired at a specific individual rather than engaging in generalized dangerous conduct, the court held that the "depraved mind" element was not satisfied. The ruling clarified a critical legal boundary: third-degree murder is for reckless acts endangering the public at large, not for targeted acts against a particular victim.
Following the reversal, Noor was resentenced on the remaining second-degree manslaughter conviction. His sentence was reduced to 4 years and 9 months, and he was released from prison in June 2023 after serving approximately four years.
2023 Sentencing Guidelines Update
In 2023, the Minnesota Sentencing Guidelines Commission updated the presumptive sentences for third-degree murder, reflecting the Noor ruling's clarification of the statute's scope. The updated guidelines provide clearer direction to judges on appropriate sentences when the "depraved mind" standard is met.
The Derek Chauvin Case and Its Impact on Sentencing
No case in recent Minnesota history has shaped the conversation around sentencing more than the prosecution of Derek Chauvin for the murder of George Floyd on May 25, 2020.
The Conviction
Chauvin, a Minneapolis police officer, was convicted on April 20, 2021, of three charges: second-degree unintentional murder, third-degree murder, and second-degree manslaughter. The jury found that Chauvin's act of kneeling on Floyd's neck for over nine minutes while Floyd was handcuffed and lying face-down on the pavement constituted all three levels of homicide.
The Sentence: 22.5 Years
On June 25, 2021, Judge Peter Cahill sentenced Chauvin to 22.5 years in prison — a sentence that was 10 years above the presumptive guideline range of 12.5 years for second-degree murder. Judge Cahill found four aggravating factors that justified the upward departure:
- Chauvin abused his position of trust and authority as a police officer
- Floyd was treated with particular cruelty
- Children were present and witnessed the killing
- Chauvin committed the crime as part of a group of three or more persons (three other officers were present and failed to intervene)
The Chauvin sentence was significant because it demonstrated that Minnesota's sentencing guidelines — which typically produce predictable, grid-based sentences — can yield substantially longer terms when aggravating factors are proven. It also raised the national profile of Minnesota's third-degree murder statute.
Federal Case
In addition to the state conviction, Chauvin pleaded guilty in December 2021 to federal civil rights charges related to Floyd's death and a separate 2017 incident involving a 14-year-old boy. He was sentenced to 21 years in federal prison, to run concurrently with the state sentence.
Notable Cases
Kim Potter — Daunte Wright Shooting (2022)

In April 2021, Brooklyn Center police officer Kim Potter shot and killed Daunte Wright, a 20-year-old Black man, during a traffic stop. Potter stated she intended to deploy her Taser but drew and fired her handgun instead. She was convicted of first-degree and second-degree manslaughter in December 2021.
In February 2022, Judge Regina Chu sentenced Potter to 2 years in prison — well below the presumptive guideline range of approximately 7 years for first-degree manslaughter. Judge Chu cited mitigating factors, including Potter's immediate remorse, her lack of criminal history, and the accidental nature of the weapon confusion.
The sentence was controversial. Wright's family publicly criticized it as inadequate, while Potter's supporters argued the shooting was a tragic mistake. The case highlighted the wide range of outcomes possible under Minnesota's sentencing framework, even for similar categories of offenses.
Mohamed Noor — Justine Ruszczyk Damond (2017)
As discussed above, Noor's case was pivotal for third-degree murder law. Originally sentenced to 12.5 years for third-degree murder, his conviction on that charge was overturned by the Minnesota Supreme Court. He was resentenced to 4 years and 9 months on the second-degree manslaughter conviction and released in June 2023.
The Three Officers — Tou Thao, J. Alexander Kueng, Thomas Lane
The three officers present during George Floyd's murder were also prosecuted. In the federal trial, all three were convicted of violating Floyd's civil rights. In the state case, Thao and Kueng were convicted of aiding and abetting second-degree manslaughter (Lane pleaded guilty to the same charge).
Thao was sentenced to 4 years and 9 months in state prison. Kueng received 3.5 years, and Lane received 3 years. These sentences ran concurrently with their federal sentences.
Recent Legislative Changes
2023: Juvenile Life Without Parole Banned
In 2023, Minnesota officially banned juvenile life without parole (JLWOP), joining a growing number of states that have eliminated the possibility of sentencing children to die in prison. The legislation ensures that all juveniles convicted of even the most serious offenses have a meaningful opportunity for eventual release and parole consideration.
This reform aligns with the U.S. Supreme Court's rulings in Miller v. Alabama (2012) and Montgomery v. Louisiana (2016), which held that mandatory JLWOP violates the Eighth Amendment's prohibition on cruel and unusual punishment. Minnesota went further than the federal minimum by banning all JLWOP — not just mandatory JLWOP.
2023: Third-Degree Murder Sentencing Guidelines Updated
Following the Minnesota Supreme Court's ruling in State v. Noor, the Sentencing Guidelines Commission updated its presumptive sentences for third-degree murder to reflect the narrowed interpretation of the "depraved mind" standard. The changes provide clearer guidance for judges and attorneys on what conduct falls within the statute.
Prosecutor-Initiated Resentencing (PIR)
Minnesota has adopted Prosecutor-Initiated Resentencing, a mechanism that allows county attorneys to petition the court to resentence individuals whose original sentences no longer serve the interests of justice. PIR can be used when:
- Changes in the law would result in a significantly different sentence today
- The individual has demonstrated substantial rehabilitation
- The original sentence was disproportionate by current standards
- Continued incarceration does not serve public safety
Minnesota is part of a growing group of states that have adopted PIR, following the model pioneered by California in 2018. The program gives prosecutors a proactive tool for addressing outdated or unjust sentences without requiring the incarcerated individual to navigate the petition process alone.
Juvenile Sentencing in Minnesota
Minnesota's approach to juvenile sentencing has shifted significantly in recent years.
The JLWOP Ban (2023)
Prior to 2023, Minnesota law technically allowed courts to sentence juveniles tried as adults to life without parole. The 2023 ban eliminated this possibility entirely, ensuring that no person who committed an offense as a juvenile can be sentenced to die in prison.
The change reflects both the neuroscience of adolescent brain development and a growing national consensus that children — even those who commit serious offenses — retain the capacity for growth and rehabilitation.
Extended Juvenile Jurisdiction (EJJ)
Minnesota's Extended Juvenile Jurisdiction program allows the court to impose both a juvenile disposition and an adult criminal sentence on certain juvenile offenders. The adult sentence is stayed as long as the juvenile complies with the conditions of the juvenile disposition. If the juvenile violates those conditions, the adult sentence can be executed.
EJJ provides a middle ground between the juvenile and adult systems, giving young offenders an opportunity to demonstrate rehabilitation while maintaining accountability for serious offenses.
Historical Context
Death Penalty Abolition (1911)
Minnesota abolished the death penalty in 1911, making it one of the earliest states in the nation to do so. The last execution in Minnesota was carried out on February 13, 1906, when William Williams was hanged at the Ramsey County Jail for a double murder.
The abolition came after a botched execution in 1906 that drew widespread public revulsion. Williams' hanging was poorly conducted, and newspaper accounts of the prolonged death contributed to a groundswell of public opposition. The Minnesota Legislature responded by passing the abolition bill five years later.
Minnesota has never reinstated the death penalty in the 115 years since abolition. This makes the state's commitment to alternatives to capital punishment one of the longest-standing in the country.
Sentencing Guidelines Commission (1980)
Minnesota was a pioneer in sentencing reform when it established the Minnesota Sentencing Guidelines Commission in 1978, with the guidelines taking effect in 1980. Minnesota was one of the first states in the nation to adopt a structured sentencing system based on a grid that weighs offense severity against criminal history.
The guidelines were designed to reduce sentencing disparities and ensure more consistent outcomes across the state. Judges can depart from the guidelines only when substantial and compelling circumstances are present and documented on the record. This system — the Sentencing Guidelines Grid — remains the foundation of Minnesota sentencing today.
Evolution of the Life Sentence
Before 1989, the terms of parole eligibility for life sentences in Minnesota were set under earlier frameworks that generally allowed for parole consideration after shorter periods. The 1989 change to a 30-year minimum for first-degree murder reflected a national trend toward longer mandatory minimums during the tough-on-crime era.
Since then, Minnesota has taken a more balanced approach — maintaining the 30-year minimum for first-degree murder while also adopting reforms like the JLWOP ban and PIR that reflect evolving views on justice, rehabilitation, and proportionality.
Minnesota Life Sentence at a Glance
| Category | Details |
|---|---|
| First-degree murder sentence | Life imprisonment |
| Parole eligibility (post-1989) | 30 years minimum |
| LWOP available | Yes (certain first-degree murder cases) |
| Death penalty | Abolished in 1911 |
| Last execution | February 13, 1906 |
| Third-degree murder | Yes (one of 3 states: MN, FL, PA) |
| Third-degree murder max sentence | 25 years |
| JLWOP banned | Yes (2023) |
| PIR (Prosecutor-Initiated Resentencing) | Yes |
| Sentencing system | Minnesota Sentencing Guidelines Grid |
| Key statutes | § 609.185, § 609.19, § 609.195, § 609.106, § 244.05 |
| Parole authority | Commissioner of Corrections |
Related Pages
Frequently Asked Questions
How long is a life sentence in Minnesota?
Most forms of first-degree murder in Minnesota — including plain premeditated murder — draw mandatory life without parole under Minn. Stat. § 609.106. Only a narrower set of first-degree murder convictions (certain non-kidnapping felony murders, or child-/domestic-abuse murders without a prior 'heinous crime' conviction) draws life with a 30-year minimum before parole eligibility, under Minn. Stat. § 244.05, subd. 4(b), for offenses committed after August 1, 1989. Parole eligibility does not guarantee release.
Does Minnesota have the death penalty?
No. Minnesota abolished the death penalty in 1911, making it one of the earliest states in the nation to end capital punishment. The last execution in Minnesota was carried out on February 13, 1906. The state has never reinstated capital punishment in the 115 years since abolition.
What is third-degree murder in Minnesota?
Third-degree murder under Minn. Stat. § 609.195 involves causing death by an act that is eminently dangerous to others and evinces a depraved mind, without regard for human life. The Minnesota Supreme Court clarified in State v. Noor (2021) that this requires generalized dangerous conduct — not a targeted act against a specific person. Only Minnesota, Florida, and Pennsylvania recognize third-degree murder. The maximum sentence is 25 years.
How long was Derek Chauvin's sentence for the murder of George Floyd?
Derek Chauvin was sentenced to 22.5 years in state prison for the second-degree unintentional murder of George Floyd — 10 years above the presumptive guideline range. Judge Cahill found four aggravating factors, including abuse of authority and particular cruelty. Chauvin also received a concurrent 21-year federal sentence for civil rights violations.
Can juveniles get life without parole in Minnesota?
No. Minnesota banned juvenile life without parole (JLWOP) in 2023. All juveniles convicted of serious offenses in Minnesota now have a meaningful opportunity for eventual release and parole consideration, regardless of the severity of the offense.
What is Prosecutor-Initiated Resentencing in Minnesota?
Prosecutor-Initiated Resentencing (PIR) allows county attorneys in Minnesota to petition courts to reduce sentences that no longer serve the interests of justice. PIR can be used when changes in the law, demonstrated rehabilitation, or disproportionate sentencing warrant a different outcome. Minnesota adopted PIR as part of a growing national movement following California's pioneering program in 2018.
What happened in the Mohamed Noor case?
Mohamed Noor, a Minneapolis police officer, was convicted of third-degree murder and second-degree manslaughter for shooting Justine Ruszczyk Damond in 2017. The Minnesota Supreme Court reversed the third-degree murder conviction in 2021, holding that the charge requires generalized dangerous conduct, not a targeted act. Noor was resentenced to 4 years and 9 months on the manslaughter conviction and released in June 2023.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 244: CRIMINAL SENTENCES; RELEASE
§ 244.05SUPERVISED RELEASE TERMIn force
Subdivision 1. Supervised release required. Except as provided in subdivisions 1b, 4, and 5, every inmate shall serve a supervised release term upon completion of the inmate's term of imprisonment as reduced by any good time earned by the inmate or extended by confinement in punitive segregation pursuant to section 244.04, subdivision 2. Except for a sex offender conditionally released under Minnesota Statutes 2004, section 609.108, subdivision 5, the supervised release term shall be equal to the period of good time the inmate has earned, and shall not exceed the length of time remaining in the inmate's sentence. Subd. 1a. Release on certain days. Notwithstanding the amount of good time earned by an inmate whose crime was committed before August 1, 1992, if the inmate's scheduled release date occurs on a Friday, Saturday, Sunday, or holiday, the inmate's supervised release term shall begin on the last day before the inmate's scheduled release date that is not a Friday, Saturday, Sunday, or holiday.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 74 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Johnson v. State (Supreme Court of Minnesota 1996, 553 N.W.2d 40)“…cooperation with the prisoner’s assigned supervising agent. Minn.Stat. § 244.05; Minn. R. 2940 .1200, 2940.1300 (1995)…”
- Butala v. State (Supreme Court of Minnesota 2003, 664 N.W.2d 333)“…es eligible for parole after serving a minimum of 30 years. Minn.Stat. § 244.05, subd. 4 (2002). Thus, it was to appell…”
- State of Minnesota v. Mahdi Hassan Ali (Supreme Court of Minnesota 2014, 855 N.W.2d 235)“…d revive the most recent constitutionally valid versions of Minn.Stat. §§ 244.05, subd. 4(b), 609.106, subd. 2(1), and 6…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 244.09MINNESOTA SENTENCING GUIDELINES COMMISSIONIn force
Subdivision 1. Commission; establishment. There is hereby established the Minnesota Sentencing Guidelines Commission which shall be comprised of 11 members. Subd. 2. Members. The Sentencing Guidelines Commission shall consist of the following: (1) the chief justice of the supreme court or a designee; (2) one judge of the court of appeals, appointed by the chief judge of the appellate court; (3) one district court judge appointed by the Judicial Council upon recommendation of the Minnesota District Judges Association; (4) one public defender appointed by the governor upon recommendation of the state public defender; (5) one county attorney appointed by the governor upon recommendation of the board of directors of the Minnesota County Attorneys Association; (6) the commissioner of corrections or a designee; (7) one peace officer as defined in section 626.84 appointed by the governor; (8) one probation officer or supervised release officer appointed by the governor; (9) one person who works for an organization that provides treatment or rehabilitative services for individuals convicted of felony offenses appointed by the governor; (10) one person who is an academic with a background…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 72 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Williams v. State (Supreme Court of Minnesota 1985, 361 N.W.2d 840)“…te those facts. The issues presented are: 1. Whether Minn.Stat. § 244.09, subd. 11 (Supp.1983), requires an auto…”
- State v. Shattuck (Supreme Court of Minnesota 2005, 704 N.W.2d 131)“…delines is not a right that accrues to the defendant. See Minn.Stat. § 244.09, subd. 5 (2004). Citing remarks made by…”
- State v. Misquadace (Supreme Court of Minnesota 2002, 644 N.W.2d 65)“…Misquadace, 629 N.W.2d at 490 . Specifically, Minn.Stat. § 244.09 (2000), which authorized the sentencing…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Minnesota Statutes, Chapter 609: CRIMINAL CODE
§ 609.106HEINOUS CRIMESIn forcecited in 3 of our articles
Subdivision 1. Terms. (a) As used in this section, "heinous crime" means: (1) a violation or attempted violation of section 609.185 or 609.19; (2) a violation of section 609.195 or 609.221; or (3) a violation of section 609.342, 609.343, or 609.344, if the offense was committed with force or violence. (b) "Previous conviction" means a conviction in Minnesota for a heinous crime or a conviction elsewhere for conduct that would have been a heinous crime under this chapter if committed in Minnesota. The term includes any conviction that occurred before the commission of the present offense of conviction, but does not include a conviction if 15 years have elapsed since the person was discharged from the sentence imposed for the offense. Subd. 2. Life without release.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 51 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Leake v. State (Supreme Court of Minnesota 2007, 737 N.W.2d 531)“…e in prison without the possibility of release pursuant to Minn. Stat. § 609.106 (2002), the state's heinous crimes sta…”
- State v. Leake (Supreme Court of Minnesota 2005, 699 N.W.2d 312)“…ke had previously been convicted of a “heinous crime” under Minn.Stat. § 609.106 (2004), thereby requiring the trial cou…”
- Chambers v. State (Supreme Court of Minnesota 2013, 831 N.W.2d 311)“…release provision is applied to a juvenile offender. See Minn.Stat. § 609.106, subd. 2(1) (2012). In its recent decis…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Murder Sentencing Guidelines: Min & Max Prison Time by State (2026), How Long Is a Life Sentence? State-by-State Guide (2026)
§ 609.185MURDER IN THE FIRST DEGREEIn force
(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life: (1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another; (2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another; (3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, carjacking in the first or second degree, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance; (4) causes the death 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; (5) causes the death of a minor…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 653 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Bernhardt v. State (Supreme Court of Minnesota 2004, 684 N.W.2d 465)“…Pool: (1) first-degree premeditated murder in violation of Minn.Stat. § 609.185(1) (2000) (Count I); (2) first-degree f…”
- State v. Vang (Supreme Court of Minnesota 2014, 847 N.W.2d 248)“…t-degree felony murder (drive-by shooting), in violation of Minn.Stat. § 609.185(a)(3) (2012), and second-degree felony…”
- State v. Ture (Supreme Court of Minnesota 1984, 353 N.W.2d 502)“…convicted of one count of first-degree premeditated murder, Minn.Stat. § 609.185(1) (1982), one count of first-degree mu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 609.19MURDER IN THE SECOND DEGREEIn forcecited in 2 of our articles
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, paragraph (a), clause (3). Subd. 2. Unintentional murders.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 470 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Griller (Supreme Court of Minnesota 1998, 583 N.W.2d 736)“…d Griller to 480 months, the maximum sentence allowed under Minn.Stat. § 609.19 (1990). The court stated, “Frankly, if…”
- State v. Cole (Supreme Court of Minnesota 1996, 542 N.W.2d 43)“…he elements of second-degree felony murder are set forth in Minn.Stat. § 609.19(2) (1994), which provides that whoever…”
- State v. Anderson (Supreme Court of Minnesota 1985, 379 N.W.2d 70)“…Count 3: the intentional death of Rudolph Blythe, Minn.Stat. § 609.19(1) (Murder in Second Degree); Co…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: How Many Years for Second Degree Murder? Sentences by State (2026)
§ 609.195MURDER IN THE THIRD DEGREEIn forcecited in 2 of our articles
(a) Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years. (b) Whoever, without intent to cause death, proximately causes the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II, is guilty of murder in the third degree and may be sentenced to imprisonment for not more than 25 years or to payment of a fine of not more than $40,000, or both.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 68 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- State v. Adams (Supreme Court of Minnesota 1980, 295 N.W.2d 527)“…interpretation, the majority creates a distinction between Minn.Stat. §§ 609.195(2) and 609.20(2) which the legislature…”
- State v. Nunn (Supreme Court of Minnesota 1980, 297 N.W.2d 752)“…y a district court jury of a charge of third-degree murder, Minn.Stat. § 609.195(2) (1978) (unintentional homicide cause…”
- Matter of Welfare of M.D.S. (Supreme Court of Minnesota 1984, 345 N.W.2d 723)“…charge of aiding and advising felony murder in violation of Minn.Stat. §§ 609.195 and 609.19(2) (1982). The original peti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: First, Second, and Third Degree Murder: Key Differences
§ 609.20MANSLAUGHTER IN THE FIRST DEGREEIn forcecited in 2 of our articles
Whoever does any of the following is guilty of manslaughter in the first degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both: (1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation; (2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby; (3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another; (4) proximately causes the death of another, without intent to cause death by,…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 92 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- State v. Adams (Supreme Court of Minnesota 1980, 295 N.W.2d 527)“…lature is also made clear by the Advisory Committee note to Minn.Stat. § 609.20, subd. 2, which reads as follows: It…”
- State v. Bradford (Supreme Court of Minnesota 2000, 618 N.W.2d 782)“…n of ordinary self-control under like circumstances * * *." Minn.Stat. § 609.20(1) (1998). He is guilty of first-degree…”
- State v. Kelly (Supreme Court of Minnesota 1989, 435 N.W.2d 807)“…first degree (heat of passion) manslaughter, 1 Minn.Stat. § 609.20(1) (1986), constituted reversible error…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Manslaughter Degrees Explained: First, Second, and Third
§ 609.205MANSLAUGHTER IN THE SECOND DEGREEIn forcecited in 2 of our articles
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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 59 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. McKown (Supreme Court of Minnesota 1991, 475 N.W.2d 63)“…Minn.Stat. § 609.-378 (1988), the child neglect statute, or Minn.Stat. § 609.205 (1988), setting out the crime of second…”
- In Re Welfare of C.R.M. (Supreme Court of Minnesota 2000, 611 N.W.2d 802)“…tatutes creating felonies in negligence crimes, for example Minn.Stat. § 609.205 (1998), which provides a penalty of up…”
- State v. Zupetz (Supreme Court of Minnesota 1982, 322 N.W.2d 730)“…es of causing death or great bodily harm to another. Minn.Stat. § 609.205 (1980). The jury received the fo…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Minn. Stat. § 609.185(revisor.mn.gov).gov
- Minn. Stat. § 244.09(revisor.mn.gov).gov
- Minn. Stat. § 609.19(revisor.mn.gov).gov
- Minn. Stat. § 609.195(revisor.mn.gov).gov
- Minn. Stat. § 609.20(revisor.mn.gov).gov
- § 609.205(revisor.mn.gov).gov
- *Miller v. Alabama* (2012)(law.cornell.edu).gov
- *Montgomery v. Louisiana* (2016)(law.cornell.edu).gov