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A person who causes the death of an unborn child by any of the following means is guilty of
manslaughter of an unborn child 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 actor's culpable negligence whereby the actor creates an unreasonable risk and
consciously takes chances of causing death or great bodily harm to an unborn child or a person;
(2) by shooting the mother of the unborn child with a firearm or other dangerous weapon as a
result of negligently believing her to be a deer or other animal;
(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.
If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal
liability under clause (4) that the mother of the unborn child provoked the animal to cause the
unborn child's death.
History: 1986 c 388 s 10; 1989 c 290 art 6 s 13

Official Publication of the State of Minnesota
Revisor of Statutes