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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.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal
liability under clause (4) that the victim provoked the animal to cause the victim's death.
History: 1963 c 753 art 1 s 609.205; 1984 c 628 art 3 s 11; 1985 c 294 s 6; 1986 c 444;
1989 c 290 art 6 s 5; 1995 c 244 s 14

Official Publication of the State of Minnesota
Revisor of Statutes