In this post, we’re breaking down the different degrees of manslaughter in clear, simple terms. We’ll walk you through the actual statute, explain what each section means, and help you understand it.
If you’re facing charges, this guide will give you a straightforward breakdown of the penalties involved and how a criminal defense attorney can help.
The law, explained
There are two degrees of manslaughter, whose definitions and penalties are outlined in Sec. 609.20-609.205 in the Minnesota Statutes. We’ll go over each one below:
609.205 Manslaughter in the Second Degree
Manslaughter in the second degree is defined as:
“A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree… (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…”
What it means: An important aspect of the manslaughter law is the term “culpable negligence.” This legal term refers to a type of negligence that goes beyond simple carelessness. It describes behavior that shows a reckless disregard for human life or for the safety of others.
It’s not just making a mistake — it’s making a mistake so extreme and so avoidable that the law considers it criminal. In other words, a reasonable person would have known their actions could cause serious injury or death.
“(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"
What it means: When we say someone "negligently believes" something, we mean that their belief was formed without the level of caution, attention, or reasonableness that the situation demands.
If someone shoots and kills another person while thinking they were a deer, the law isn’t only asking “Were they mistaken?” but “Was their mistake reasonable under the circumstances?”
For example, if the shooter ignored safety protocols, was firing into an area with other hunters or hikers, or acted in poor visibility without extra caution, then the belief that the person was a deer may be considered negligent—and therefore criminally blameworthy.
“(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device…”
What it means: These devices can’t distinguish between intruders and innocent people (like a neighbor, a child, or a first responder). The very act of setting them shows a reckless disregard for human life. A reasonable person would know this kind of setup is dangerous, unlawful in most cases, and likely to harm someone at the very least.
Say a property owner is frustrated by break-ins and rigs a shotgun to go off if someone opens a door. If someone opens that door and is killed, it doesn’t matter if the homeowner only intended to scare that person or even that the person was a trespasser. The deadly force represented by a firearm is never an acceptable response to property crimes.
The act of setting the trap is itself criminally negligent and supports a manslaughter charge.
“(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…”
What it means: If a person knows the animal has a history of aggression or has caused serious harm before, that knowledge creates a legal duty to prevent the animal from causing further harm. Letting the animal roam freely—or not securing it properly—is a failure to take reasonable, expected steps to prevent danger.
“(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.”
What it means: If someone neglects or endangers a child—and that act leads to the child’s death—but the circumstances don’t meet the legal standard for murder, then the person can be charged with manslaughter. The law assumes that a reasonable adult would understand that leaving a young child alone in a hot car, exposing them to dangerous individuals, or withholding necessary medical care can lead to death or serious harm.
If someone doesn’t do what any reasonable caregiver would do (like supervise, feed, or protect the child), that failure can show a gross disregard for the child’s safety, which rises to criminal negligence.
Second-degree manslaughter penalties
Penalties for second-degree manslaughter may include one or both of the following:
- Imprisonment: Up to 10 years
- Fine: Up to $20,000
609.20 Manslaughter in the First Degree
Manslaughter in the first degree is defined as:
“Whoever does any of the following is guilty of manslaughter in the first degree…(1) intentionally causes the death of another person in the heat of passion provoked by such words or acts of another as would provoke a person of ordinary self-control under like circumstances, provided that the crying of a child does not constitute provocation...”
What it means: This is not an accident — there was intent to kill, but the killing happened in an emotional place — anger, fear, or rage — that was triggered by something the other person did or said.
It’s not enough that the defendant was upset — the law asks: Would a reasonable person have been provoked to a breaking point in this situation? Importantly, a person of “ordinary self-control” means someone who is not under the influence of intoxicants or a controlled substance.
This section of the statute also specifically limits what can be considered provocation. No matter how frustrating a crying child may be, that does not reduce a killing to manslaughter.
This statute recognizes that a person may intentionally kill someone without planning it, without malice, and in a moment of extreme emotional disturbance. The law, therefore, treats it differently than calculated, premeditated murder.
"(2) violates section 609.224 and causes the death of another or causes the death of another in committing or attempting to commit a misdemeanor or gross misdemeanor offense with such force and violence that death of or great bodily harm to any person was reasonably foreseeable, and murder in the first or second degree was not committed thereby;"
What it means: If you commit an assault or a lesser crime using enough force or violence that someone dies, and it wasn’t an intentional or premeditated murder, you can be charged with manslaughter.
The law recognizes that sometimes people use excessive force during a crime or assault without intending to kill.
Even if they didn’t mean to cause death, because the risk of serious injury or death was reasonably foreseeable, they’re held criminally responsible.
When someone assaults another person, the prosecution must prove beyond a reasonable doubt what the defendant’s state of mind was at the time of the act. For example, punching someone may be assault but not necessarily intended to kill.
Proving lack of intent to kill doesn’t mean the defendant claims innocence—it means showing the death happened without the conscious goal or plan to end a life. It’s about whether the defendant acted recklessly or negligently rather than with murderous intent.
“(3) intentionally causes the death of another person because the actor is coerced by threats made by someone other than the actor's coconspirator and which cause the actor reasonably to believe that the act performed by the actor is the only means of preventing imminent death to the actor or another…”
What it means: This section deals with duress — when someone commits a crime because they are forced to by serious threats, force, or pressure.
The other person cannot be your coconspirator, meaning they cannot be someone you are committing a crime with. It must be a third party, i.e. someone who threatens to kill you or a loved one unless you kill someone else for them.
The threats make the person reasonably believe that if they don’t kill, they or someone else will die immediately.
“(4) proximately causes the death of another, without intent to cause death by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule III, IV, or V…”
What it means: The death happened because the person illegally provided a controlled substance—like certain prescription drugs or other regulated substances. “Proximately” means that the person’s actions were a substantial factor in bringing about the death, and the death was a reasonably foreseeable consequence of those actions.
Schedule III, IV, or V drugs are categories of drugs regulated under law. They generally include substances with some accepted medical use but also potential for abuse (e.g., certain painkillers, sedatives, or stimulants).
The law holds drug dealers and distributors responsible if their unlawful conduct causes death.
“(5) causes the death of another in committing or attempting to commit a violation of section 609.377 (malicious punishment of a child), and murder in the first, second, or third degree is not committed thereby.”
What it means: The person caused a child’s death through malicious punishment — serious abuse or mistreatment. Although they did not intend to kill the child (or the circumstances don’t legally qualify as murder), their actions were so harmful that manslaughter charges apply.
If someone causes a child’s death through cruel or abusive treatment, but the case doesn’t meet the legal criteria for murder, they can be charged with manslaughter for that death.
First-degree manslaughter penalties
Penalties for first-degree manslaughter may include one or both of the following:
- Imprisonment: Up to 15 years
- Fine: Up to $30,000
Understanding the difference between first- and second-degree manslaughter
First-degree manslaughter typically involves intentionally causing a death in circumstances that lessen the crime from murder, such as acting in the heat of passion or under coercion.
Second-degree manslaughter generally involves unintentional deaths resulting from reckless or criminally negligent behavior.
In short, first-degree manslaughter is intentional but mitigated, while second-degree manslaughter is unintentional but caused by serious carelessness or recklessness.
“Involuntary manslaughter”
Involuntary manslaughter covers unintentional killings caused by negligence or recklessness.
As opposed to voluntary manslaughter, which covers intentional killing but with mitigating circumstances (like coercion).
In Minnesota, the term “involuntary manslaughter” is not used in the statutes. Instead, the state employs the term “manslaughter in the second degree” to describe what is commonly referred to as involuntary manslaughter in other jurisdictions.
This charge applies when a person causes the death of another through reckless or negligent behavior without the intent to kill.
“Vehicular manslaughter”
In Minnesota, the terms “vehicular manslaughter” or “DUI manslaughter” aren’t used. Instead, the state has a specific statute called criminal vehicular homicide.
Minnesota law defines criminal vehicular homicide as causing the death of another person (or unborn child) through:
- Gross negligence while operating a motor vehicle.
- Negligence while under the influence of alcohol, a controlled substance, or a combination thereof.
- Operating with a blood alcohol concentration (BAC) of 0.08% or more.
- Leaving the scene of an accident (hit-and-run).
- Operating a vehicle with known mechanical defects that were not addressed, leading to the fatality.
These offenses are considered felonies and carry penalties of up to 10 years in prison and/or a fine of up to $20,000.
Murder vs. manslaughter
Murder is the unlawful killing of another person with malice aforethought—meaning the act was intentional, planned, or done with extreme recklessness or a depraved mind.
A “depraved mind” means the person acts with such utter indifference to the risk of causing death or serious harm that the law treats it like they had malice—even if they didn’t specifically intend to kill.
Put simply, murder involves a higher degree of blame because the killer either:
- Intended to cause death, or
- Showed utter disregard for human life.
On the other hand, while a person who commits manslaughter may also have intent to kill, the situation involves specific mitigating factors that reduce moral blame, such as being coerced by a third party or killing in the heat of passion.
Homicide vs. manslaughter
Homicide is a broad term that means the killing of one person by another, but it doesn’t say anything about legality or intent.
Homicides can be lawful (like self-defense or police action) or unlawful (criminal killings).
Manslaughter is an example of unlawful homicide.
Can you get the death penalty for committing manslaughter?
In Minnesota, the death penalty has been abolished since 1911. It is one of 23 states that has abolished the death penalty.
In the other 27 states that still have a death penalty, manslaughter still does not likely qualify. The death penalty is reserved for the most serious crimes, typically capital murder, which involves intentional, premeditated killings or murders with specific aggravating factors. Examples include killing a police officer, multiple victims, murder for hire, killing during kidnapping or robbery, or murder involving torture.
Manslaughter, by definition, involves killings without malice aforethought or intent to kill, often occurring due to negligence, recklessness, or heat of passion.
Because manslaughter reflects a lower level of culpability, it is punished less severely—usually with prison time rather than capital punishment.
If you’re facing manslaughter charges, here’s what to do
Facing a manslaughter charge is serious and can turn your life upside down. The legal system is complex and confusing, with strict rules and procedures that can feel overwhelming—especially when your future and freedom are on the line.
The first step you should take is to hire a skilled criminal defense attorney who can guide you through every step of the process, protect your rights, and build you a strong defense.
The legal system has strict rules to make sure everyone gets a fair process. A lawyer makes sure law enforcement and prosecutors follow these rules, so your rights aren’t violated.
Even if the evidence against you is strong, your lawyer can negotiate plea deals, reduced charges, or lighter sentences that might not be available without legal help.
The stakes of a criminal conviction are high—not just the penalties, but the collateral consequences of a conviction on your record. A lawyer helps reduce these risks as much as possible.
Having a lawyer isn’t about proving innocence only—it’s about making sure the system works fairly and that your rights and interests are protected, no matter what. It can make a huge difference in how your case unfolds and what your life looks like afterward. Schedule your first consultation below.
