HNA Lesson 23 Aim: How does the NYS Penal Law define the crimes of Homicide and other related offenses?

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Presentation transcript:

HNA Lesson 23 Aim: How does the NYS Penal Law define the crimes of Homicide and other related offenses?

Article 125- Homicide, Abortion, & Related Offenses 125.00 Homicide defined. 125.05 Homicide, abortion and related offenses; definitions of terms. 125.10 Criminally negligent homicide. 125.11 Aggravated criminally negligent homicide. 125.12 Vehicular manslaughter in the second degree. 125.13 Vehicular manslaughter in the first degree. 125.14 Aggravated vehicular homicide. 125.15 Manslaughter in the second degree. 125.20 Manslaughter in the first degree. 125.21 Aggravated manslaughter in the second degree.

125. 22 Aggravated manslaughter in the first degree. 125 125.22 Aggravated manslaughter in the first degree. 125.25 Murder in the second degree. 125.26 Aggravated murder. 125.27 Murder in the first degree. 125.40 Abortion in the second degree. 125.45 Abortion in the first degree. 125.50 Self-abortion in the second degree. 125.55 Self-abortion in the first degree. 125.60 Issuing abortional articles.

Homicide: Death by Another HNA Lesson 23 125.00 Homicide defined: Homicide: Death by Another Homicide means conduct which causes the death of a person or an unborn child with which a female has been pregnant for more than twenty-four weeks If a death is declared a homicide by the medical examiner; it is NOT necessarily criminal. Homicide is simply death caused by another.

125.40 Abortion in the second degree: HNA Lesson 23 125.40 Abortion in the second degree: A person is guilty of this when he commits an abortional act upon a female, unless such abortional act is justifiable. Class E felony 125.45 Abortion in the first degree: A person is guilty of this when he commits upon a female pregnant for more than twenty-four weeks an abortional act which causes the miscarriage of such female, unless such abortional act is justifiable. Class D felony

125.10 Criminally negligent homicide: HNA Lesson 23 125.10 Criminally negligent homicide: A person is guilty of this when, with Criminal Negligence, he/she causes the death of another person. Class E felony

125.11 Aggravated criminally negligent homicide: A person is guilty of this when, with Criminal Negligence, he/she causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties. Class C felony

125.14 Aggravated vehicular homicide: HNA Lesson 23 125.14 Aggravated vehicular homicide: A person is guilty of this when he or she engages in reckless driving; AND: Commits such crimes while operating a motor vehicle while under the influence of alcohol (DWI) or Commits such crimes while knowing or having reason to know that his or her license or his or her privilege of operating a motor vehicle is suspended or revoked; or Causes the death of more than one other person; or Causes the death of one person and the Serious Physical Injury of at least one other person. Class B felony

125.15 Manslaughter in the second degree: HNA Lesson 23 125.15 Manslaughter in the second degree: A person is guilty of this when: He/she Recklessly causes the death of another person; or He/she commits upon a female an abortional act which causes her death, unless such abortional act is justifiable; or He/she Intentionally causes or aids another person to commit suicide. Class C felony

125.21 Aggravated manslaughter in the second degree: HNA Lesson 23 125.21 Aggravated manslaughter in the second degree: A person is guilty of this when he/she Recklessly causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties Class C felony

125.25 Murder in the second degree: A person is guilty of this when: HNA Lesson 23 125.25 Murder in the second degree: A person is guilty of this when: With Intent to cause the death of another person, he/she causes the death of such person or of a third person; or Under circumstances evincing a depraved indifference to human life, he/she Recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; or Acting either alone or with one or more other persons, he/she commits or attempts to commit a felony and in the course of and furtherance of the crime he/she, or another participant, if there be any, causes the death of a person other than one of the participants; or

125.25 Murder in the second degree (continued): HNA Lesson 23 125.25 Murder in the second degree (continued): Under circumstances evincing a depraved indifference to human life, and being 18 years old or more the defendant Recklessly engages in conduct which creates a grave risk of Serious Physical Injury to another person less than 11 years old and thereby causes the death of such person. Class A felony

125.20 Manslaughter in the first degree: HNA Lesson 23 125.20 Manslaughter in the first degree: A person is guilty of this when: With Intent to cause Serious Physical Injury to another person, he/she causes the death of such person or of a third person; or He commits upon a female pregnant for more than twenty-four weeks an abortional act which causes her death, unless such abortional act is justifiable. Class B felony

125.22 Aggravated manslaughter in the first degree: HNA Lesson 23 125.22 Aggravated manslaughter in the first degree: A person is guilty of this when with Intent to kill a police officer or peace officer, where such officer was in the course of performing his or her official duties he/she causes the death of such officer or another police officer or peace officer. Class B felony

125.27 Murder in the first degree.: A person is guilty of this when: HNA Lesson 23 125.27 Murder in the first degree.: A person is guilty of this when: With Intent to cause the death of another person, he/she causes the death of such person or of a third person; and the intended victim was a police officer; a uniformed court officer, parole officer, probation officer, or employee of the division for youth; an employee of a state correctional institution, or an employee of a local correctional facility; or At the time of the commission of the killing, the defendant was confined in a state correctional institution, or…

125.27 Murder in the first degree (continued): The intended victim was a witness to a crime committed on a prior occasion and the death was caused for the purpose of preventing the intended victims testimony in any criminal action or The defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victims death. Class A-1 felony