Subd. 2a.

Exception.

(a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), for a death caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.

new text begin (b) A person may not be held criminally liable for a violation of section 609.185,
paragraph (a), clause (1), for a death of a human being caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with premeditation and with intent to cause the death of a human being.
new text end

new text begin (c) A person may not be held criminally liable for a violation of section 609.19,
subdivision (1), clause (1), for a death of a human being caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.
new text end

deleted text begin (b)deleted text end new text begin (d)new text end A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), for a death caused by another unless the person was a major
participant in the underlying felony and acted with extreme indifference to human life.

deleted text begin (c)deleted text end new text begin (e)new text end As used in this subdivision, "major participant" means a person who:

(1) used a deadly weapon during the commission of the underlying felony or provided
a deadly weapon to another participant where it was reasonably foreseeable that the weapon
would be used in the underlying felony;

(2) caused substantial bodily harm to another during the commission of the underlying
felony;

(3) coerced or hired a participant to undertake actions in furtherance of the underlying
felony that proximately caused the death, and where it was reasonably foreseeable that such
actions would cause death or great bodily harm; or

(4) impeded another person from preventing the death either by physical action or by
threat of physical action where it was reasonably foreseeable that death or great bodily harm
would result.

Subd. 2.

Unintentional murders.

Whoever does either of the following is guilty of
unintentional murder in the second degree and may be sentenced to imprisonment for not
more than 40 years:

(1) causes the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit deleted text begin a felony offense other than criminal sexual
conduct in the first or second degree with force or violence or a drive-by shootingdeleted text end new text begin burglary;
aggravated robbery; carjacking in the first or second degree; kidnapping; arson in the first
or second degree; a drive-by shooting; tampering with a witness in the first degree; escape
from custody; any felony violation of chapter 152 involving the unlawful sale of a controlled
substance; any felony violation of malicious punishment of a child; any felony violation of
domestic assault; domestic assault by strangulation; or a felony crime to further terrorismnew text end ;
or

(2) causes 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 and the victim is a person designated
to receive protection under the order. As used in this clause, "order for protection" includes
an order for protection issued under chapter 518B; a harassment restraining order issued
under section 609.748; a court order setting conditions of pretrial release or conditions of
a criminal sentence or juvenile court disposition; a restraining order issued in a marriage
dissolution action; and any order issued by a court of another state or of the United States
that is similar to any of these orders.