1. Types of Violent Crimes
murder

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

4. 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?

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

6. 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

7. 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

8. 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?

9. 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.)

10. 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)‏

11. 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

12. 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

13. 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.

14. 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

15. 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

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

17. Resources
Texas Penal Code: