Lindstrom, MN asked in Criminal Law for Minnesota

Q: Hello So, can person be charged in Minnesota with double murder if he/she kills a pregnant woman and the fetus dies?

Does it matter the stage of pregnancy?

Thanks

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: See:

2022 Minnesota Statutes Section 609.266 DEFINITIONS.

"The definitions in this section apply to sections 609.2114, subdivisions 1 and 2, and 609.2661 to 609.2691:

(a) "Unborn child" means the unborn offspring of a human being conceived, but not yet born.

(b) "Whoever" does not include the pregnant woman."

AND, for example:

2022 Minnesota Statutes Section 609.2663 MURDER OF UNBORN CHILD IN THE THIRD DEGREE.

"Whoever, without intent to effect the death of any unborn child or person, causes the death of an unborn child by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human or fetal life, is guilty of murder of an unborn child in the third degree and may be sentenced to imprisonment for not more than 25 years."

Jonathan Matthew Holson agrees with this answer

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