Saw an interview the the Minnesota A.G. this morning. He said that intent to kill is not necessary for 2nd Degree. He said that intentional assault, that results in death, is all that is needed.
09.19 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, paragraph (a), 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.
609.205 Manslaughter in the second degree.
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.
