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A - Definitions of Designated Felony Offenses

Published online by Cambridge University Press:  29 September 2009

Simon I. Singer
Affiliation:
State University of New York, Buffalo
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Summary

Murder (125.25 A-1 Felony)

A person is guilty of murder when:

  1. With intent to cause death of another person, he causes the death of such person or of a third person; except that in any prosecution under this subdivision, it is an affirmative defense that:

  1. (a) The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime;

  2. (b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the second degree or any other crime; or

  1. 2. Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person; or [...]

Type
Chapter
Information
Recriminalizing Delinquency
Violent Juvenile Crime and Juvenile Justice Reform
, pp. 197 - 202
Publisher: Cambridge University Press
Print publication year: 1996

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