Murder Charges in Minnesota: The Degrees Explained

First-Degree Murder (Minn. Stat. § 609.185)

First-degree murder includes several distinct types of killing:

• Premeditated murder — causing death with premeditation and intent to kill;
• Felony murder — an intentional killing during certain serious felonies (and certain unintentional killings during specified felonies, see below);
• Killing a peace officer or correctional guard in the performance of duties;
• Child-abuse murder — killing a child while committing child abuse with a past pattern of abuse, under circumstances showing extreme indifference to human life; and
• Domestic-abuse murder — killing while committing domestic abuse with extreme indifference to human life.

Penalty: Premeditated first-degree murder carries a sentence of life in prison. (For adults this is generally life without the possibility of release; sentencing rules differ for offenders who were juveniles at the time of the crime — see the note below.)

What "Premeditation" Means

Premeditation means "to consider, plan or prepare for, or determine to commit" the killing beforehand. No long period of planning is required, but Minnesota courts (in State v. Moore) have made clear that some "appreciable time" must pass after the intent to kill forms — the killing can't be simultaneous with the formation of intent. Premeditation usually can't be proven directly; it's inferred from circumstances like planning activity, the relationship between the parties (motive), and the nature of the killing (for example, wounds to vital areas).

Transferred Intent

The statute covers killing "the person or another," which means if you intend to kill one person but accidentally kill someone else, the intent "transfers." This must be proven beyond a reasonable doubt, not presumed.

Second-Degree Murder (Minn. Stat. § 609.19)

Second-degree murder generally covers:

• Intentional murder without premeditation; and
• Unintentional murder committed during a felony (felony murder).

Because premeditation is what separates first- from second-degree intentional murder — and the Minnesota Supreme Court has said cases where premeditation exists "as a matter of law" are rare — second-degree intentional murder is very often submitted to the jury as a lesser included offense of first-degree murder.

Third-Degree Murder (Minn. Stat. § 609.195)

Third-degree murder is an unintentional killing in one of two situations:

• caused by "an act eminently dangerous to others and evincing a depraved mind, without regard for human life"; or
• caused by unlawfully selling or providing a Schedule I or II controlled substance, where the death is proximately caused by that act (the drug-death version).

Penalty: up to 25 years in prison.

Important Recent Change: The "Depraved Mind" Requirement Was Narrowed

This is a significant development. In State v. Noor (2021), the Minnesota Supreme Court held that the "depraved mind" required for third-degree murder means a generalized indifference to human life — and that this state of mind cannot exist when the defendant's conduct was directed with particularity at the person who was killed. In other words, third-degree depraved-mind murder generally applies to recklessly dangerous conduct that endangers people generally, not to a killing aimed at one specific person. In reaching this conclusion, the court overruled an earlier case that had allowed such convictions.

What this means for you: Where a death resulted from conduct aimed at a particular individual, a third-degree depraved-mind charge may not fit the facts — and that mismatch can be a powerful basis to challenge the charge. This is a frequently litigated and high-stakes issue.

The Drug-Death Version

The drug-related form of third-degree murder requires that the death be proximately caused by providing a Schedule I or II controlled substance (selling, giving, delivering, etc.). It's aimed at the person furnishing the drug — mere possession or jointly acquiring drugs is not enough.

Felony Murder

"Felony murder" means a killing that happens during the commission of another crime, and it can be first, second, or third degree depending on the predicate felony. The killing and the felony must be part of a single continuous transaction. The idea behind the rule is to hold people responsible for deaths — even unintended ones — that occur during dangerous felonies. Notably, the doctrine generally does not apply where a bystander is killed by a shot fired by someone on the opposing side of a gunfight, rather than by the defendant or an accomplice.

A Note on Life Sentences and Juveniles

While first-degree premeditated murder carries life imprisonment, the U.S. Supreme Court has held that mandatory life without the possibility of release is unconstitutional for offenders who were juveniles at the time of the crime (Miller v. Alabama; made retroactive by Montgomery v. Louisiana). Minnesota has enacted legislation to comply, providing parole eligibility and resentencing pathways for those affected. If a case involves someone who was under 18 at the time, the sentencing rules are different and this is an important area to examine.

Possible Defenses

• Lack of intent or premeditation — potentially reducing the degree.
• Heat of passion — which can reduce an intentional killing to first-degree manslaughter (see our manslaughter page).
• Self-defense or defense of others.
• The charge doesn't fit the facts — for example, a depraved-mind charge where the conduct targeted one person.
• Causation — whether the defendant's act actually caused the death.
• Mistaken identity and challenges to the evidence.

Key Terms

• Premeditation: Considering or planning the killing, with some appreciable time after intent forms.
• Felony murder: A killing during another felony, charged by degree based on the predicate crime.
• Depraved mind: Generalized indifference to human life — not conduct aimed at one specific person.
• Transferred intent: Intent to kill one person that applies when another is killed.