2025 Session Last amended: 1995 session

§ 609.205 — Manslaughter in the Second Degree

Plain-Language Summary

Defines second-degree manslaughter in Minnesota. Covers deaths caused by culpable negligence (consciously creating an unreasonable risk of death or great bodily harm), negligent shooting of a person mistaken for an animal, setting dangerous traps or devices, allowing a known-vicious animal to run uncontrolled, and child neglect or endangerment resulting in death. Punishable by up to 10 years in prison and/or a $20,000 fine.

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.

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

History: 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

Practical Notes

Second-degree manslaughter involves negligent, not intentional, conduct that causes death. ‘Culpable negligence’ means more than ordinary carelessness – it requires consciously taking chances that could cause death or great bodily harm. Dog owners should note that allowing a known-dangerous animal to roam free can result in this charge if someone dies; however, it is an affirmative defense if the victim provoked the animal. Seek legal counsel immediately if facing this charge.

Source: Minnesota Office of the Revisor of Statutes