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Minnesota Legislature

Office of the Revisor of Statutes

609.19 MURDER IN THE SECOND DEGREE.
    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, clause (3).
    Subd. 2. Unintentional murders. Whoever does either of the following is guilty of
unintentional 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, without intent to effect the death of any person, while
committing or attempting to commit a felony offense other than criminal sexual conduct in the
first or second degree with force or violence or a drive-by shooting; or
(2) causes the death of a human being without intent to effect the death of any person, while
intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is
restrained under an order for protection and the victim is a person designated to receive protection
under the order. As used in this clause, "order for protection" includes an order for protection
issued under chapter 518B; a harassment restraining order issued under section 609.748; a court
order setting conditions of pretrial release or conditions of a criminal sentence or juvenile court
disposition; a restraining order issued in a marriage dissolution action; and any order issued by a
court of another state or of the United States that is similar to any of these orders.
History: 1963 c 753 art 1 s 609.19; 1981 c 227 s 10; 1992 c 571 art 4 s 6; 1995 c 226 art 2 s
16; 1996 c 408 art 4 s 8; 1998 c 367 art 2 s 8