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Unlawful killing of another human being (including unborn children of 24 weeks) with malice aforethought.
- Intent to kill
- Intent to do serious bodily injury
- depraved heart
- felony murder
Common law felony murder
Co-felons are vicariously liable for the death if the death is a foreseeable consequence of the underlying inherently dangerous felony.
NY felony murder
First degree: intentional killing of non-participant
Second degree: no specific intent to kill non-participant
Common law and NY defenses to felony murder
- defense against underlying felony
- felony not distinct from the killing itself
- death not a foreseeable result of the felony
- death occurred after the commission of the felony and ensuing flight form scene
(for an accomplice):
- did not commit or assist in the killing
- was not armed
- did not believe other participants were armed
- did not know other participants would engage in activity that would lead to death
NY degrees of homocide
- Intentional killing of police officer, prison guard, witness, or judge
- murder for hire
- intentional felony murder
Criminally negligent homocide
- Intentional killing of one not in 1st degree categories
- depraved heart
- felony murder by a co-felon
- killing another through negligence
- 2nd: negligent homocide through operation of a vehicle, 1st: with an invalid license.
- Death due to serious bodily injury
- Heat of passion
- Abortion on female more than 24 weeks pregnant
- Recklessly placing child under risk of serious physical injury, resulting in death of child.
- Second -
- Reckless death of another
- Intentional assisting in suicide or abortion where person dies
Unintentional homocide committed with criminal negligence or during an unlawful act (either a misdemeanor or a felony not MR BRAK).
Criminal negligence = reckless action putting another at significant risk of injury or death.