How Long Is a Life Sentence in Minnesota? (2026 Guide)

In Minnesota, first-degree murder always carries a life sentence, but whether that sentence allows parole depends on which subsection of Minn. Stat. § 609.185 applies. Under Minn. Stat. § 609.106, most forms of first-degree murder, including plain premeditated murder, draw mandatory life without parole. Only a narrower set of felony-murder and child-/domestic-abuse-murder convictions without a prior "heinous crime" conviction draw life with a 30-year minimum before parole eligibility, under Minn. Stat. § 244.05, subd. 4(b).

This article was last reviewed and updated on March 17, 2026. All statutes, case law, sentencing data, and legislative developments have been verified against current Minnesota government sources.

In Minnesota, a first-degree murder conviction always carries a life sentence, but most of the statute's clauses, including plain premeditated murder, murder of a peace officer, and murder during a criminal sexual assault, draw mandatory life without parole under Minn. Stat. § 609.106. A narrower subset of first-degree murder convictions (non-kidnapping felony murder, or child-/domestic-abuse murder without a prior "heinous crime" conviction) instead draws life with a 30-year minimum before parole eligibility, under Minn. Stat. § 244.05, subd. 4(b), for offenses committed on or after August 1, 1989.

Minnesota stands apart from most states in several important ways. It abolished the death penalty in 1911, more than a century ago, making it one of the earliest states to permanently end capital punishment. It is also one of only three states in the country that recognize third-degree murder as a distinct offense, a legal classification that gained national attention through the prosecutions of Derek Chauvin and Mohamed Noor.

The state's sentencing system is governed by the Minnesota Sentencing Guidelines Commission, which sets presumptive sentences based on the severity of the offense and the offender's criminal history. Judges may depart from these guidelines only when aggravating or mitigating factors are present and documented on the record.

Minnesota Life Sentence Statutes

Minnesota's homicide statutes are organized across several sections of Minnesota Statutes Chapter 609.

First-Degree Murder (Minn. Stat. § 609.185): This is the most serious homicide charge in Minnesota. First-degree murder includes premeditated murder, murder committed during the commission of certain felonies (such as criminal sexual conduct, kidnapping, arson, or burglary), murder of a peace officer, and murder involving domestic abuse with a pattern of past conduct.

A conviction for first-degree murder carries a mandatory sentence of life imprisonment, and under Minn. Stat. § 609.106, most first-degree murder clauses require that the life sentence be without possibility of release. Only for the narrower subset of clauses that fall outside § 609.106's mandatory-LWOP list does Minn. Stat. § 244.05, subd. 4(b) set a 30-year minimum before parole eligibility, for offenses committed on or after August 1, 1989.

Second-Degree Murder (Minn. Stat. § 609.19): Second-degree murder covers intentional murder without premeditation and unintentional murder caused while committing or attempting to commit a felony. The presumptive sentence under the sentencing guidelines varies based on criminal history, but it typically ranges from approximately 10.5 to 30+ years depending on severity level and criminal history score.

Third-Degree Murder (Minn. Stat. § 609.195): Minnesota is one of only three states, along with Florida and Pennsylvania, that recognize third-degree murder. Under this statute, a person is guilty of third-degree murder if they cause the death of another "by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life." The maximum sentence is 25 years in prison.

Third-degree murder is discussed in detail in a dedicated section below, given its unique legal significance and the landmark cases that have defined its scope.

Manslaughter (Minn. Stat. § 609.20 and § 609.205): First-degree manslaughter (heat of passion or certain other circumstances) carries a maximum of 15 years. Second-degree manslaughter (culpable negligence creating unreasonable risk) carries a maximum of 10 years. Our guide to Minnesota manslaughter laws covers both degrees, criminal vehicular homicide and how the sentencing guidelines rank each offense.

Parole Eligibility

Minnesota's parole system for life sentences is straightforward compared to many states.

The 30-Year Minimum (Post-1989, Non-LWOP Clauses Only)

For a first-degree murder conviction that falls outside the mandatory life-without-release list in Minn. Stat. § 609.106 (a non-kidnapping felony murder under § 609.185, paragraph (a), clause (3), or a conviction under clause (5) or (6), where the court does not find a prior "heinous crime" conviction), for an offense committed on or after August 1, 1989, Minn. Stat. § 244.05, subd. 4(b) requires a minimum of 30 years of imprisonment before the person becomes eligible for parole consideration. This is not a guarantee of release: it is the earliest point at which the Minnesota Commissioner of Corrections may consider the person for supervised release.

Pre-1989 Offenses

For offenses committed before August 1, 1989, the parole eligibility rules were different and generally more favorable. The Minnesota Sentencing Guidelines Commission and the Commissioner of Corrections applied earlier standards that could allow parole consideration after a shorter period.

Life Without Parole (LWOP)

Minnesota makes life without the possibility of parole the mandatory sentence for most forms of first-degree murder under Minn. Stat. § 609.106, including plain premeditated intentional murder, murder during a criminal sexual assault, murder of a peace officer or judge, murder to further terrorism, kidnap-murder, and any of the remaining clauses where the defendant has a prior "heinous crime" conviction. For LWOP sentences, the only paths to release are executive clemency from the governor or a successful court challenge that results in resentencing.

The Parole Process

Once eligible, the individual's case is reviewed by the Commissioner of Corrections. The commissioner evaluates institutional conduct, rehabilitation efforts, risk assessment, the nature of the offense, victim input, and the individual's release plan. Even after 30 years, release is not automatic; many individuals serve well beyond the minimum before being granted supervised release, and some are never released.

Third-Degree Murder: A Rare and Consequential Charge

Minnesota's third-degree murder statute is one of the most legally significant and distinctive features of the state's criminal code. Only three states, Minnesota, Florida, and Pennsylvania, recognize third-degree murder as a separate offense.

The "Depraved Mind" Standard

Under Minn. Stat. § 609.195, third-degree murder requires an act that is "eminently dangerous to others and evincing a depraved mind, without regard for human life." This is a lower threshold than the intent requirement for first- or second-degree murder. The key distinction is that the defendant need not have intended to kill anyone: they engaged in conduct so reckless and dangerous that it demonstrated a depraved indifference to human life.

Historically, third-degree murder was applied to situations like firing a gun into a crowd or distributing drugs that caused a fatal overdose. The statute took on vastly greater significance during the Chauvin and Noor prosecutions.

State v. Noor: Defining the Boundaries

The case of Mohamed Noor, a Minneapolis police officer who shot and killed Justine Ruszczyk Damond in July 2017 while she was reporting a possible assault behind her home, became the vehicle for the Minnesota Supreme Court to clarify the meaning of third-degree murder.

Noor was convicted of both third-degree murder and second-degree manslaughter at trial. On appeal, the Minnesota Supreme Court reversed the third-degree murder conviction in State v. Noor (2021), holding that third-degree murder requires conduct that is dangerous to people generally, not directed at a specific person.

Because Noor fired at a specific individual rather than engaging in generalized dangerous conduct, the court held that the "depraved mind" element was not satisfied. The ruling clarified a critical legal boundary: third-degree murder is for reckless acts endangering the public at large, not for targeted acts against a particular victim.

Following the reversal, Noor was resentenced on the remaining second-degree manslaughter conviction. His sentence was reduced to 4 years and 9 months, and he was released from prison in June 2023 after serving approximately four years.

2023 Sentencing Guidelines Update

In 2023, the Minnesota Sentencing Guidelines Commission updated the presumptive sentences for third-degree murder, reflecting the Noor ruling's clarification of the statute's scope. The updated guidelines provide clearer direction to judges on appropriate sentences when the "depraved mind" standard is met.

The Derek Chauvin Case and Its Impact on Sentencing

No case in recent Minnesota history has shaped the conversation around sentencing more than the prosecution of Derek Chauvin for the murder of George Floyd on May 25, 2020.

The Conviction

Chauvin, a Minneapolis police officer, was convicted on April 20, 2021, of three charges: second-degree unintentional murder, third-degree murder, and second-degree manslaughter. The jury found that Chauvin's act of kneeling on Floyd's neck for over nine minutes while Floyd was handcuffed and lying face-down on the pavement constituted all three levels of homicide.

The Sentence: 22.5 Years

On June 25, 2021, Judge Peter Cahill sentenced Chauvin to 22.5 years in prison, a sentence that was 10 years above the presumptive guideline range of 12.5 years for second-degree murder. Judge Cahill found four aggravating factors that justified the upward departure:

• Chauvin abused his position of trust and authority as a police officer
• Floyd was treated with particular cruelty
• Children were present and witnessed the killing
• Chauvin committed the crime as part of a group of three or more persons (three other officers were present and failed to intervene)

The Chauvin sentence was significant because it demonstrated that Minnesota's sentencing guidelines, which typically produce predictable, grid-based sentences, can yield substantially longer terms when aggravating factors are proven. It also raised the national profile of Minnesota's third-degree murder statute.

Federal Case

In addition to the state conviction, Chauvin pleaded guilty in December 2021 to federal civil rights charges related to Floyd's death and a separate 2017 incident involving a 14-year-old boy. He was sentenced to 21 years in federal prison, to run concurrently with the state sentence.

Notable Cases

Kim Potter: Daunte Wright Shooting (2022)

In April 2021, Brooklyn Center police officer Kim Potter shot and killed Daunte Wright, a 20-year-old Black man, during a traffic stop. Potter stated she intended to deploy her Taser but drew and fired her handgun instead. She was convicted of first-degree and second-degree manslaughter in December 2021.

In February 2022, Judge Regina Chu sentenced Potter to 2 years in prison, well below the presumptive guideline range of approximately 7 years for first-degree manslaughter. Judge Chu cited mitigating factors, including Potter's immediate remorse, her lack of criminal history, and the accidental nature of the weapon confusion.

The sentence was controversial. Wright's family publicly criticized it as inadequate, while Potter's supporters argued the shooting was a tragic mistake. The case highlighted the wide range of outcomes possible under Minnesota's sentencing framework, even for similar categories of offenses.

Mohamed Noor: Justine Ruszczyk Damond (2017)

As discussed above, Noor's case was pivotal for third-degree murder law. Originally sentenced to 12.5 years for third-degree murder, his conviction on that charge was overturned by the Minnesota Supreme Court. He was resentenced to 4 years and 9 months on the second-degree manslaughter conviction and released in June 2023.

The Three Officers: Tou Thao, J. Alexander Kueng, Thomas Lane

The three officers present during George Floyd's murder were also prosecuted. In the federal trial, all three were convicted of violating Floyd's civil rights. In the state case, Thao and Kueng were convicted of aiding and abetting second-degree manslaughter (Lane pleaded guilty to the same charge).

Thao was sentenced to 4 years and 9 months in state prison. Kueng received 3.5 years, and Lane received 3 years. These sentences ran concurrently with their federal sentences.

Recent Legislative Changes

2023: Juvenile Life Without Parole Banned

In 2023, Minnesota officially banned juvenile life without parole (JLWOP), joining a growing number of states that have eliminated the possibility of sentencing children to die in prison. The legislation ensures that all juveniles convicted of even the most serious offenses have a meaningful opportunity for eventual release and parole consideration.

This reform aligns with the U.S. Supreme Court's ruling in Miller v. Alabama (2012), which held that mandatory JLWOP violates the Eighth Amendment's prohibition on cruel and unusual punishment. In Montgomery v. Louisiana (2016), the Court held that Miller announced a substantive rule that is retroactive to juvenile offenders whose sentences were already final when Miller was decided. Minnesota went further than the federal minimum by banning all JLWOP, not just mandatory JLWOP.

2023: Third-Degree Murder Sentencing Guidelines Updated

Following the Minnesota Supreme Court's ruling in State v. Noor, the Sentencing Guidelines Commission updated its presumptive sentences for third-degree murder to reflect the narrowed interpretation of the "depraved mind" standard. The changes provide clearer guidance for judges and attorneys on what conduct falls within the statute.

Prosecutor-Initiated Resentencing (PIR)

Minnesota has adopted Prosecutor-Initiated Resentencing, a mechanism that allows county attorneys to petition the court to resentence individuals whose original sentences no longer serve the interests of justice. PIR can be used when:

• Changes in the law would result in a significantly different sentence today
• The individual has demonstrated substantial rehabilitation
• The original sentence was disproportionate by current standards
• Continued incarceration does not serve public safety

Minnesota is part of a growing group of states that have adopted PIR, following the model pioneered by California in 2018. The program gives prosecutors a proactive tool for addressing outdated or unjust sentences without requiring the incarcerated individual to navigate the petition process alone.

Juvenile Sentencing in Minnesota

Minnesota's approach to juvenile sentencing has shifted significantly in recent years.

The JLWOP Ban (2023)

Prior to 2023, Minnesota law technically allowed courts to sentence juveniles tried as adults to life without parole. The 2023 ban eliminated this possibility entirely, ensuring that no person who committed an offense as a juvenile can be sentenced to die in prison.

The change reflects both the neuroscience of adolescent brain development and a growing national consensus that children, even those who commit serious offenses, retain the capacity for growth and rehabilitation.

Extended Juvenile Jurisdiction (EJJ)

Minnesota's Extended Juvenile Jurisdiction program allows the court to impose both a juvenile disposition and an adult criminal sentence on certain juvenile offenders. The adult sentence is stayed as long as the juvenile complies with the conditions of the juvenile disposition. If the juvenile violates those conditions, the adult sentence can be executed.

EJJ provides a middle ground between the juvenile and adult systems, giving young offenders an opportunity to demonstrate rehabilitation while maintaining accountability for serious offenses.

Historical Context

Death Penalty Abolition (1911)

Minnesota abolished the death penalty in 1911, making it one of the earliest states in the nation to do so. The last execution in Minnesota was carried out on February 13, 1906, when William Williams was hanged at the Ramsey County Jail for a double murder.

The abolition came after a botched execution in 1906 that drew widespread public revulsion. Williams' hanging was poorly conducted, and newspaper accounts of the prolonged death contributed to a groundswell of public opposition. The Minnesota Legislature responded by passing the abolition bill five years later.

Minnesota has never reinstated the death penalty in the 115 years since abolition. This makes the state's commitment to alternatives to capital punishment one of the longest-standing in the country.

Sentencing Guidelines Commission (1980)

Minnesota was a pioneer in sentencing reform when it established the Minnesota Sentencing Guidelines Commission in 1978, with the guidelines taking effect in 1980. Minnesota was one of the first states in the nation to adopt a structured sentencing system based on a grid that weighs offense severity against criminal history.

The guidelines were designed to reduce sentencing disparities and ensure more consistent outcomes across the state. Judges can depart from the guidelines only when substantial and compelling circumstances are present and documented on the record. This system, the Sentencing Guidelines Grid, remains the foundation of Minnesota sentencing today.

Evolution of the Life Sentence

Before 1989, the terms of parole eligibility for life sentences in Minnesota were set under earlier frameworks that generally allowed for parole consideration after shorter periods. The 1989 change to a 30-year minimum for the first-degree murder clauses not subject to mandatory life without release reflected a national trend toward longer mandatory minimums during the tough-on-crime era.

Since then, Minnesota has taken a more balanced approach, maintaining the 30-year minimum for those first-degree murder clauses while also adopting reforms like the JLWOP ban and PIR that reflect evolving views on justice, rehabilitation, and proportionality.

Minnesota Life Sentence at a Glance

Related Pages

• How Long Is a Life Sentence? State-by-State Guide
• Murder Sentencing Guidelines for Every State
• What Is Capital Murder?
• What Is the Difference Between Murder, Homicide, and Manslaughter?
• How Many Years for First Degree Murder?

Frequently Asked Questions

How long is a life sentence in Minnesota?

Most forms of first-degree murder in Minnesota, including plain premeditated murder, draw mandatory life without parole under Minn. Stat. § 609.106. Only a narrower set of first-degree murder convictions (certain non-kidnapping felony murders, or child-/domestic-abuse murders without a prior 'heinous crime' conviction) draws life with a 30-year minimum before parole eligibility, under Minn. Stat. § 244.05, subd. 4(b), for offenses committed after August 1, 1989. Parole eligibility does not guarantee release.

Does Minnesota have the death penalty?

No. Minnesota abolished the death penalty in 1911, making it one of the earliest states in the nation to end capital punishment. The last execution in Minnesota was carried out on February 13, 1906. The state has never reinstated capital punishment in the 115 years since abolition.

What is third-degree murder in Minnesota?

Third-degree murder under Minn. Stat. § 609.195 involves causing death by an act that is eminently dangerous to others and evinces a depraved mind, without regard for human life. The Minnesota Supreme Court clarified in State v. Noor (2021) that this requires generalized dangerous conduct, not a targeted act against a specific person. Only Minnesota, Florida, and Pennsylvania recognize third-degree murder. The maximum sentence is 25 years.

How long was Derek Chauvin's sentence for the murder of George Floyd?

Derek Chauvin was sentenced to 22.5 years in state prison for the second-degree unintentional murder of George Floyd: 10 years above the presumptive guideline range. Judge Cahill found four aggravating factors, including abuse of authority and particular cruelty. Chauvin also received a concurrent 21-year federal sentence for civil rights violations.

Can juveniles get life without parole in Minnesota?

No. Minnesota banned juvenile life without parole (JLWOP) in 2023. All juveniles convicted of serious offenses in Minnesota now have a meaningful opportunity for eventual release and parole consideration, regardless of the severity of the offense.

What is Prosecutor-Initiated Resentencing in Minnesota?

Prosecutor-Initiated Resentencing (PIR) allows county attorneys in Minnesota to petition courts to reduce sentences that no longer serve the interests of justice. PIR can be used when changes in the law, demonstrated rehabilitation, or disproportionate sentencing warrant a different outcome. Minnesota adopted PIR as part of a growing national movement following California's pioneering program in 2018.

What happened in the Mohamed Noor case?

Mohamed Noor, a Minneapolis police officer, was convicted of third-degree murder and second-degree manslaughter for shooting Justine Ruszczyk Damond in 2017. The Minnesota Supreme Court reversed the third-degree murder conviction in 2021, holding that the charge requires generalized dangerous conduct, not a targeted act. Noor was resentenced to 4 years and 9 months on the manslaughter conviction and released in June 2023.