Penal Code - Homicide Flashcards
What is Murder?
Intentionally or knowingly causing the death of an individual or intending to cause SBI and commit act clearly dangerous to human life that it results in the death; Causing death in flight from committing felony. 1st Degree - 5-99 years/$10,000 unless in response to adequate cause committed in sudden passion then = 2nd degree - 2-20 years.
What type of felony is Murder?
1st degree Felony 5-99 years/$10,000 unless in response to adequate cause committed in sudden passion then = 2nd degree = 2-20 years.
What is Criminal Homicide (2nd Degree Felony)
Homicide is causing the death of an individual with the required level of culpability and no excuse for the criminal conduct; adequate cause - hat would produce such a degree of anger, rage, etc. to render an ordinary person incapable of cool reflection; sudden passion - directly caused by and arising out of provocation by the person killed at the time of the offense.
What is Capital Murder?
Commits murder as in 19.02 b1, and includes Killing a police or firefighter performing duty;
INTENTIONALLY during kidnapping, burglary, robbery, agg. sexual assault, arson, or obstruction or retaliation, terroristic threat;
while escaping from a penal institution;
committed while in prison of employee, part of gang/combo, while in for murder, rape, etc.;
murder of more than 1 person during the same episode or scheme; (pregnant woman)
for hire (renumeration);
murder of victim under 10 years old,
murder of a judge,
capital felony (life or death).
What is Manslaughter?
2nd degree felony. If you recklessly cause the death of another (disregarding a substantial and unjustifiable risk) 2-20 years/$10,000.
What is Criminally Negligent Homicide?
Causing the death of another through criminal negligence (failure to perceive a substantial unjustifiable risk)
State Jail Felony - 180 days to 2 years/$10,000.
Non-Applicability to Certain Conduct - think abortion!
Does NOT apply to unborn child if:
Committed by mother of unborn child
Lawful medical procedure
Assisted reproduction/morning after pill.
