2025 Session Last amended: 1986 session

§ 609.2662 — Murder of Unborn Child in the Second Degree

Plain-Language Summary

Second-degree murder of an unborn child means intentionally causing the death of an unborn child without planning ahead, or causing the death during any felony other than violent sexual assault. The penalty is up to 40 years in prison.

609.2662 MURDER OF UNBORN CHILD IN THE SECOND DEGREE.

Whoever does either of the following is guilty of murder of an unborn child in the second degree and may be sentenced to imprisonment for not more than 40 years:

(1) causes the death of an unborn child with intent to effect the death of that unborn child or another, but without premeditation; or

(2) causes the death of an unborn child, without intent to effect the death of any unborn child or 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.

History:

1986 c 388 s 7

History: History:

  1986 c 388 s 7

Practical Notes

This charge applies when there was intent to kill but no advance planning, or when the death occurs during the commission of a felony. It is less serious than first-degree murder of an unborn child because it lacks premeditation. The pregnant woman herself cannot be charged under this law.

Source: Minnesota Office of the Revisor of Statutes