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Criminal Law Concept: Mens Rea – culpability based on mental state

MensRea

Crime Definitions:

Aggravated Murder:

  • Intentional murder of officer or emergency/justice official during course of duties OR
  • Torturing victim under 14 years old prior to killing

Murder 1st Degree:

  • Intentional murder of a state’s witness of a criminal case OR
  • Contracted assassination

Murder 2nd Degree:

  • Intentional murder OR
  • Committing murder in commission of a felonious crime

Aggravated Manslaughter 1st Degree:

  • Intent to cause HARM to a police officer, results in death of police officer, OR
  • Intent to cause death of police officer under extreme emotional disturbance.

Manslaughter 1st Degree:

  • Intent to cause harm, results in death OR
  • Intent to cause death under emotional disturbance (in the heat of the moment)

Aggravated Manslaughter 2nd Degree:

  • Unintentional killing of a police officer while acting recklessly (with disregard for consequences)

Manslaughter 2nd Degree:

  • Unintentional (reckless) killing of another person

Aggravated Vehicular Homicide:

  • Reckless driving while impaired/intoxicated results in death of another person where the driver was: very drunk (more than double the legal limit) or had previously been convicted of an alcohol related driving offense or [several other scenarios].

Vehicular Manslaughter 1st Degree:

  • Driving while impaired/intoxicated results in death of another person where the driver was: very drunk (more than double the legal limit) or had previously been convicted of an alcohol related driving offense or [several other scenarios].

Vehicular Manslaughter 2nd Degree:

  • Driving while impaired/intoxicated results in death of another person

Aggravated Criminally Negligent Homicide:

  • Negligently failing to perceive a risk of death, kills a police office

Criminally Negligent Homicide:

  • Negligently failing to perceive a risk of death, kills another person

Research by Matt Mathis

Source: http://ypdcrime.com/penal.law/article125.htm

About the Author

Mariam Morshedi

Mariam Morshedi

Mariam Morshedi is the Founder and Executive Director of Subscript Law. Before starting Subscript Law, she practiced civil rights law for AARP Foundation, where she litigated housing, consumer and disability rights issues.

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