Homicide/Assault/Menacing Flashcards
Murder
Purposely cause the death of another
-cause the death of another as a proximate result of committing an offense of violence that is a 1st or 2nd degree felony
Voluntary Manslaughter
While in a sudden passion or fit of rage, either of which is brought on by the victim that’s reasonably sufficient to incite the person into using deadly force, knowingly cause the death of another.
First degree felony
Involuntary Manslaughter
- Cause the death of another as a proximate result of committing/attempting to commit a felony (1st degree felony)
- Cause the death of another as a proximate result of committing/attempting to commit a misdemeanor of any degree (3rd degree felony)
Reckless Homicide
Recklessly cause the death of another
3rd degree felony
Negligent Homicide
Negligently cause the death of another by means of a deadly weapon or dangerous ordnance 🔫
Aggravated Murder
- With prior calculation and design cause the death of another
- Cause the death of another while committing/attempting to commit, while fleeing immediately after: kidnapping, rape, agg arson/arson, agg robbery/robbery, agg burglary/burglary, trespass in a habitation, terrorism, escape
- (purposely) cause the death of another under 13
- (purposely) kill a law enforcement officer
Aggravated vehicular homicide, vehicular homicide,
Vehicular manslaughter
While operating a vehicle, snowmobile, watercraft, etc. cause the death of another 🚘✈️🚂⛵️
Aggravated vehicular homicide-OVI/DUI, reckless op, reckless op in a construction zone 🍻
Vehicular homicide-negligently, speeding in a construction zone
Vehicular manslaughter-proximate result of committing a minor misdemeanor
Aggravated vehicular assault, Vehicular Assault
“Assault by vehicle” While operating a vehicle, motorcycle, watercraft, etc. cause serious physical harm to another
-Aggravated vehicular assault- OVI/DUI
-Vehicular assault-Reckless op or speeding in a construction zone,
recklessly
Define serious physical harm
Any mental illness/condition that would require psychiatric treatment/hospitalization
Any physical harm:
Carrying substantial risk of death
Involves some permanent incapacity, either partial or total
Involves some permanent disfigurement/temporary serious disfigurement
Involves acute pain of such duration resulting in substantial suffering or any degree of prolonged or intractable pain
Define physical harm
Any injury, illness, or other physiological impairment, regardless of gravity or duration
Felonious Assault
> Cause serious physical harm to another
Cause physical harm to another by means of a deadly weapon or dangerous ordnance🔫
Offender in HIV positive and engages in sexual conduct w/o disclosing HIV 💉
F2-F1
Aggravated assault
“Heat of passion or rage”
Cause serious physical harm
Cause or attempt to cause harm by means of a deadly weapon or dangerous ordnance 🔫
F4-F3
Assault
Cause/ attempt to cause physical harm to another
Recklessly cause serious physical harm
Becomes a felony if victim is impaired and offender is caretaker, victim is school bus driver, teacher, firefighter, EMT, peace officer, or children services employee
M1-F3
Negligent Assault
Negligently cause physical harm by means of a deadly weapon or dangerous ordnance
Aggravated Menacing
“Making threats”
Cause another to believe offender will cause serious physical harm to them or immediate family
Becomes a felony if victim works for children services
M1-F4