Types of Violent Crimes murder

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Murder Murder Also known as criminal homicide Different than homicide, which simply means one person killing another.

Ch 19 Penal Code What does someone's culpable mental state have to be to be charged with homicide? Review: what are the culpable mental states?

Culpable Mental States (CMS) the only thing that changes in homicide determines the level of punishment Examples: Intentional Knowing Reckless Criminally Negligent

Requirements of Murder Intentionally or knowingly cause the death of an individual OR Intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes the death of an individual OR

Requirements of Murder Requirements of Murder (continued) Commit or attempt to commit a felony (other than manslaughter) and commit or attempt to commit an act clearly dangerous to human life that causes the death of an individual All of these constitute First Degree Murder Examples: Shamrock Murder Ft. Worth woman and homeless man

Requirements of Capital Murder Capital Offense: A person commits First Degree Murder and one of the following apply: 1. victim is a police officer or fireman acting in the lawful discharge of an official duty person must know the victim is a police officer or fireman Example: undercover agent?

Requirements of Capital Murder First Degree Murder plus one: 2. the person intentionally commits the murder in the course of committing or attempting to commit: Obstruction Retaliation Burglary Aggravated sexual assault Arson Robbery Kidnapping Terroristic threat (O.R.B.A.A.R.K. - T.)

Requirements of Capital Murder First Degree Murder plus one: 3. murder for hire (remuneration)‏ 4. person commits murder while escaping or attempting to escape from a penal institution 5. person commits murder of a penal institution employee or participates in a gang during the murder (prison gangs)‏

Requirements of Capital Murder First Degree Murder plus one: 6. person murders another while incarcerated for: Capital murder Murder Serving life or 99 years in prison for: Kidnapping Aggravated sexual assault Aggravated robbery

Requirements of Capital Murder First Degree Murder plus one: 7. person murders more than one person during: the same criminal transaction or different criminal transactions to the same course of conduct 8. victim is under 6 years of age   9. person murders a judge for retaliation purposes

Capital Murder If the jury does not find proof beyond a reasonable doubt for capital murder, they can convict the person of murder or a lesser charge.

Second Degree Murder Second Degree Murder 1. The person commits murder 2. The murder was a result of “sudden passion” from an “adequate cause” definitions from penal code 3. Is determined during the punishment stage of trial

Manslaughter Manslaughter person recklessly causes the death of another Second Degree Felony did NOT intend to kill someone did intend to engage in the behavior that caused the death

Criminally Negligent Homicide A person causes the death of another by criminal negligence State Jail Felony

Resources Texas Penal Code: http://www.statutes.legis.state.tx.us/