1) Death must occur within A YEAR and ONE DAY of the homicidal act

2) Death may occur at any time

1) DEATH

2) of ANOTHER PERSON

3) with MALICE AFORETHOUGHT (any one of the following)

• intent to KILL (e.g., use of a DEADLY WEAPON)
• intent to inflict GREAT BODILY HARM
• DEPRAVED INDIFFERENCE (extreme recklessness)
• FELONY MURDER

1) ∆'s INTENT TRANSFERS to an ACTUAL VICTIM, if ∆ intended to harm a different victim, but accidentally harmed the actual victim instead

2) APPLIES to crimes with COMPLETED HARMS—i.e., does not apply to ATTEMPTED crimes

1) YES. D's intent to KILL A transferred from A to V

2) YES. Attempted murder

1) YES. D shot at A, with the intent to kill

2) NO. Transferred intent does not apply to attempts.

Murder with

PREMEDITATION and DELIBERATION (cool, calm, and collected)

ANY MURDER that is not murder-1

Intentional killing, in heat of passion, after adequate provocation (ordinary person, no time to cool off)

A KILLING committed with

• CRIMINAL NEGLIGENCE, or
• DURING A CRIME if it is not a felony murder

1) ANY DEATH caused by the commission of or attempt to commit a FELONY

2) Conviction required, felony inherently dangerous, during/immediate flight, killing in furtherance of felony, death foreseeable, V is not co-felon

3) Death imputed to all (even if caused by bystander/police, if proximately connected to co-felons)

1) Intentional murder

2) ∆ ≥ 18 y/o

3) SPECIAL CIRCUMSTANCES

• V is a POLICE officer
• WITNESS INTIMIDATION
• murder for hire
• 2 OR MORE victims
• 1ST degree BRAKES felonies

1) INTENT TO KILL (other than 1st degree, no special circumstances)

2) DEPRAVED INDIFFERENCE (i.e., "extreme recklessness)

3) FELONY MURDER (unintentional killing)

1) KEY LANGUAGE—"Utter disregard for human life"

2) MORE THAN ONE PERSON must be in danger, UNLESS the killing involves

• brutal TORTURE, or
• abandoning a HELPLESS victim to almost certain death

All participants in the felony may be convicted of felony murder

1) Applicable felonies "BRAKES"

2) ∆ NEED NOT BE CONVICTED of underlying felony

3) NON-SLAYER (aff. dfnse.) (did not foresee homicide during felony)

• ∆ did not do the killing, and
• ∆ did not have a deadly weapon, and
• ∆ had no reason to believe his co-felons had deadly weapons, and
• ∆ had no reason to believe his co-felons to do anything likely to result in death.

1) Intent to cause serious physical injury

2) Death from EED (extreme emotional disturbance)

1) SUBJECTIVE STANDARD—∆ AWARE OF RISK and CONSCIOUSLY DISREGARDS a substantial and unjustifiable risk of death

2) RECKLESSNESS

1) OBJECTIVE STANDARD—��� SHOULD HAVE KNOWN of a substantial and unjustifiable risk of death

2) NEGLIGENCE

When victim of homicide is a POLICE OFFICER killed IN LINE OF DUTY

1) DWI = BAC over 0.08%

2) Death PLUS DWI

3) Vehicular Man-2 PLUS an "aggravating" factor—(BAC > 0.18%, OR prior DWI conviction)

4) Vehicular Man PLUS reckless driving

***if DWI results in injury only, the crime is vehicular assault