A. Intentionally or knowingly causes the death of another human being; [2001, c. 383, §8 (AMD); 2001, c. 383, §156 (AFF).]
B. Engages in conduct that manifests a depraved indifference to the value of human life and that in fact causes the death of
another human being; or [2001, c. 383, §8 (AMD); 2001, c. 383, §156 (AFF).]
C. Intentionally or knowingly causes another human being to commit suicide by the use of force, duress or deception. [2001, c. 383, §8 (AMD); 2001, c. 383, §156 (AFF).]
[
2001, c. 383, §8 (AMD);
2001, c. 383, §156 (AFF)
.]
1-A. For purposes of subsection 1, paragraph B, when the crime of depraved indifference murder is charged, the crime of criminally
negligent manslaughter is deemed to be charged.
[
2001, c. 383, §8 (AMD);
2001, c. 383, §156 (AFF)
.]
2. The sentence for murder is as authorized in chapter 51.
[
2001, c. 383, §8 (AMD);
2001, c. 383, §156 (AFF)
.]
3. It is an affirmative defense to a prosecution under subsection 1, paragraph A, that the person causes the death while under
the influence of extreme anger or extreme fear brought about by adequate provocation.
[
2001, c. 383, §8 (AMD);
2001, c. 383, §156 (AFF)
.]
4. For purposes of subsection 3, provocation is adequate if:
A. It is not induced by the person; and [2001, c. 383, §8 (AMD); 2001, c. 383, §156 (AFF).]
B. It is reasonable for the person to react to the provocation with extreme anger or extreme fear, provided that evidence demonstrating
only that the person has a tendency towards extreme anger or extreme fear is not sufficient, in and of itself, to establish
the reasonableness of the person's reaction. [2001, c. 383, §8 (AMD); 2001, c. 383, §156 (AFF).]
[
2001, c. 383, §8 (AMD);
2001, c. 383, §156 (AFF)
.]
5. Nothing contained in subsection 3 may constitute a defense to a prosecution for, or preclude conviction of, manslaughter
or any other crime.
[
1983, c. 372, §1 (NEW)
.]
SECTION HISTORY
1975, c. 499, §1 (NEW).
1975, c. 740, §§37-39 (AMD).
1977, c. 510, §38 (RPR).
1983, c. 372, §1 (AMD).
1983, c. 450, §2 (AMD).
1985, c. 416, (AMD).
2001, c. 383, §8 (AMD).
2001, c. 383, §156 (AFF).
Data for this page extracted on 10/14/2009 10:44:13.