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StarfishSaver

(18,486 posts)
18. Keith Ellison is basing his prosecution on Minnesota statute, not the legal.com dictionary
Wed Jun 3, 2020, 02:11 PM
Jun 2020
609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:

(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;

(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;

(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;

(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the person is engaged in the performance of official duties;

(5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life; or

(7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life.
https://www.revisor.mn.gov/statutes/cite/609.185


Please note that (a), the only provision of this statute that bears any connection to this case, requires premeditation and specific intent.

You're welcome.

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Hopefully. Watching that video closely, with Chauvin adjusting his weight Mike 03 Jun 2020 #1
That's not sufficient for first degree murder StarfishSaver Jun 2020 #6
Post removed Post removed Jun 2020 #12
LOL. StarfishSaver Jun 2020 #14
Whatever. Tipperary Jun 2020 #17
Keith Ellison is basing his prosecution on Minnesota statute, not the legal.com dictionary StarfishSaver Jun 2020 #18
Not a lawyer, but I had never heard of 3rd degree murder Cirque du So-What Jun 2020 #2
I'm not a lawyer either but I have heard of "Justifiable Homicide". Of course that would be a abqtommy Jun 2020 #3
Only a few states have the 3rd degree charge. LastDemocratInSC Jun 2020 #4
In Minnesota, 3rd degree murder is causing someone's death by doing something "eminently dangerous" StarfishSaver Jun 2020 #8
I hope they don't charge him with first degree murder StarfishSaver Jun 2020 #5
We don't know the history between the cop and George Floyd, but they worked together Jersey Devil Jun 2020 #9
There's no evidence at this point that Chauvin and Floyd even knew each other, much less that StarfishSaver Jun 2020 #11
You don't have to plan a murder in advance to have specific intent Jersey Devil Jun 2020 #13
Intent and premeditation are two different things StarfishSaver Jun 2020 #15
Someone must've heard you..... 2nd deg.... nt Guy Whitey Corngood Jun 2020 #7
Good! I thought he was undercharged. The local DAs and the cops are drinking buddies. mobeau69 Jun 2020 #16
It's going to be quite a battle. He will have a very well funded defense and with a high profile totodeinhere Jun 2020 #10
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