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609.2665(2)
Statute ID:
12133
Statute Function ID:
26635
Manslaughter-Unborn Child-2nd Degree-Shot Mother-Thought Was Deer or Other Animal
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Felony (F)
General Offense Code:
Person (1)
Offense Summary Code & Rank:
Homicide (H) (Rank 1)
Detailed Offense Code:
Manslaughter 2 - Unborn Child (161.2)
Offense Severity Level:
Function Text:
UCR Code
Description
999
NIBRS Non-Reportable
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
609.2665(2)
Enactment Date:
Jan 1, 1859
Effective Date:
Aug 1, 1986
Expiration Date:
Repealed?:
No
Summary Text:
Manslaughter-Unborn Child-2nd Degree-Shot Mother-Thought Was Deer or Other Animal
Statute ID:
12133
Created:
May 19, 2008 by mnjis.legal.analyst@state.mn.us
Updated:
May 19, 2008 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Adding Charge at Paragraph per Statute, Subdivision will be eliminated
Summary Text:
Manslaughter-Unborn Child-2nd Degree-Shot Mother-Thought Was Deer or Other Animal
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/609/2665.html
Legislative Session:
2005 - NA
Session Law Text?:
No
Statute text last updated on:
May 19, 2008
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.
