PL 125.20 Manslaughter in the 1st degree Class B violent felony Link to CJI2d
§ 125.20 Manslaughter in the first degree.
  A person is guilty of manslaughter in the first degree when:
  1.  With  intent  to  cause serious physical injury to another person, he
causes the death of such person or of a third person; or
  2.  With intent to cause the death of another person, he causes the death
of such person or of a  third  person  under  circumstances  which  do  not
constitute  murder because he acts under the influence of extreme emotional
disturbance, as defined in paragraph (a)  of  subdivision  one  of  section
125.25.   The  fact  that  homicide  was  committed  under the influence of
extreme  emotional  disturbance  constitutes  a   mitigating   circumstance
reducing  murder to manslaughter in the first degree and need not be proved
in any prosecution initiated under this subdivision; or
  3.   He commits upon a female pregnant for more than twenty-four weeks an
abortional act which causes  her  death,  unless  such  abortional  act  is
justifiable pursuant to subdivision three of section 125.05; or
  4.  Being  eighteen  years  old or more and with intent to cause physical
injury to a person less than eleven years  old,  the  defendant  recklessly
engages in conduct which creates a grave risk of serious physical injury to
such person and thereby causes the death of such person.
  Manslaughter in the first degree is a class B felony.
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Subdivision Elements Lesser included offenses
PL 125.20(1)
  • intent to cause serious physical injury
  • death

LIO

PL 125.20(2)
  • intent to cause death
  • death
  • extreme emotional disturbance

LIO

PL 125.20(3)
  • unjustifiable abortional act
  • death
  • victim pregnant more than 24 weeks

LIO

PL 125.20(4)
  • defendant 18 or over
  • intent to cause physical injury to victim under 11
  • reckless
  • grave risk of spi to a victim under 11
  • death
  • victim under 11

LIO

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