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Murder

19.02 - Murder - Intentional or Knowing

1. A person

2. Intentionally or knowingly

3. Causes the death of an individual

* This is a 1st degree felony

* It is a 2nd degree felony, if proved at punishment by a preponderance of the evidence that death was caused under the immediate influence of sudden passion arising from and adequate cause

19.02 - Murder - While intending serious bodily injury

1. A person

2. Intending to cause serious bodily injury

3. Commits an act clearly dangerious to human life

4. That causes the death of an individual

* This is a 1st degree felony

* It is a 2nd degree felony, if proved at punishment by a preponderance of the evidence that death was caused under the immediate influence of sudden passion arising from an adequeate cause

19.02 - Murder - While committing a felony - AKA Felony Murder

1. A person

2. commits or attempts to commit a felony (other than manslaughter), and

3. a. In the course of and in furtherance of the commission or attempt, or

b. In immediate flight from the commission or attempt

4, Commits or attempts to commit an act clearly dangerous to human life

5. That cause death of an individual

* This is a 1st degree felony

* 2nd degree felony, if proved at punishment by a preponderance of the evidence that death was caused under the immediate influence of sudden passion arising from an adequate cause.

Categories: Criminal Defense
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