§ 609.2665 — Manslaughter of Unborn Child in the Second Degree
Plain-Language Summary
Second-degree manslaughter of an unborn child means causing the death through negligent behavior that creates an unreasonable risk, such as recklessly shooting a firearm, setting a dangerous trap, or allowing a known dangerous animal to run loose. The penalty is up to 10 years in prison, a fine up to $20,000, or both.
609.2665 MANSLAUGHTER OF UNBORN CHILD IN THE SECOND DEGREE.
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
History: History: 1986 c 388 s 10; 1989 c 290 art 6 s 13