SF 349

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime prevention and public safety;
modifying the crime of murder in the first degree;
amending Minnesota Statutes 2004, section 609.185.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 609.185, is
amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(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, 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 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 peace
officer or guard is engaged in the performance of official
duties;

(5) causes the death of a minor while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon deleted text begin the deleted text end new text begin a new text end child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing
domestic abuse, when the perpetrator has engaged in a past
pattern of domestic abuse upon the victim or upon another family
or household member and the death occurs under circumstances
manifesting an extreme indifference to human life; or

(7) causes the death of a human being while committing,
conspiring to commit, or attempting to commit a felony crime to
further terrorism and the death occurs under circumstances
manifesting an extreme indifference to human life.

(b) For purposes of paragraph (a), clause (5), "child abuse"
means an act committed against a minor victim that constitutes a
violation of the following laws of this state or any similar
laws of the United States or any other state: section 609.221;
609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344;
609.345; 609.377; 609.378; or 609.713.

(c) For purposes of paragraph (a), clause (6), "domestic
abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222,
609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
609.713, or any similar laws of the United States or any other
state; and

(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).

(d) For purposes of paragraph (a), clause (7), "further
terrorism" has the meaning given in section 609.714, subdivision
1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to crimes committed on or
after that date.
new text end