chocolatechance
Verified Attorney
- Joined
- Aug 21, 2003
- Messages
- 103
- Reaction score
- 841
Agreed. But, if he intended to commit kidnapping or molestation, it seems to me he’d also have to intend to kill them in order to get away with it. Maybe he thought they’d be silent about kidnapping and/or molestation? But I wouldn’t think so. I can’t understand how the intent to kill wasn’t also there with those 2 charges.I could be wrong in my understanding of the second subsection of the statute, but to my knowledge it does not require that you had any intent to kill, or to keep alive. It's just that whatever activity you did plan to subject your victims to, you should have known that it was so dangerous and likely to cause bodily harm that someone could be killed in the commission of it.
If he wanted to traffick them, however, he would NOT have the intent to kill. Then this statute section would absolutely apply because death resulted from the commission of another felony, and the (1) section, knowing and intentional murder, would not.
I’m trying to figure out the thinking behind section 2 murder and not section 1, but as stated earlier, maybe the prosecutor wanted to go with the safest section for now since section 2 doesn’t require intent. It could be as simple as that, and I’m overthinking it. Which happens frequently.
All my opinion and speculation.