There are four different ways 2nd degree murder can be charged under the statute.
- Intent
- Drive by shooting
- Felony Murder
- Order for Protection
Intent – (Minn. Stat. § 609.19 Subd. 1(1))
Causing the death of a human being with intent to effect the death of that person or another, but without premeditation
Drive by shooting – (Minn. Stat. § 609.19 Subd. 1(2))
Causing the death of a human being while committing or attempting to commit a drive-by shooting, under circumstances other than 1st degree murder, is 2nd degree murder.
Felony murder – (Minn. Stat. § 609.19 Subd. 2(1))
Causing the death of a human being, without intent to effect the death of any 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 or a drive-by shooting is 2nd degree murder.
Order for Protection – (Minn. Stat. § 609.19 Subd. 2(2))
Causing the death of a human being without intent to effect the death of any person, while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the perpetrator is restrained under an order for protection or other type of no contact order is 2nd degree murder.