More on the Charges
Against Derek Chauvin
It turns our that there is a type of murder in the second degree under
Minnesota law that I missed in my earlier analysis of the criminal charges
against former Minneapolis cop Derek Chauvin. The type of second degree murder
I analyzed there requires the prosecution to prove that the defendant intended
to kill the victim. However, Minnesota Statutes Section 209.19, Subdivision 2
states:
Unintentional murders. Whoever does
either of the following is guilty of unintentional murder in the second degree….
(1) causes
the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit a felony offense….
The other provisions of this statute do
not apply. This is the statute under which Chauvin has been charged with second
degree murder. Intent to kill is expressly not an element of this crime. The
commission of or attempt to commit an underlying felony is. The underlying
felony charged in the Chauvin case is assault.
There are at least five
degrees of assault under Minnesota law, but only two of them that are felonies
could apply here. Minnesota Statutes Section 609:22 Assault in the First
Degree, states:
Subdivision 1. Great bodily harm.
Whoever assaults another and inflicts great bodily harm may be sentenced to
imprisonment for not more than 20 years or payment of a fine of not more than
$30,000, or both.
Assault in
the second degree is assault with a deadly weapon and does not apply in the
Chauvin case. Minnesota Statutes Section 609.222 Assault in the Third Degree.
Substantial bodily harm, criminalizes assault that inflicts “substantial”
bodily harm. I assume that “great bodily harm” and “substantial bodily harm,”
which clearly is intended to be less bodily harm than great bodily harm, are
defined somewhere in Minnesota law. There seems to be no doubt that Chauvin
inflicted great bodily harm on Mr. Floyd, but the state can convict Chauvin of
second degree murder simply by proving that the inflicted substantial bodily
harm on him.
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