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Adding a missed category for Arkansas. In addition to first-degree, second-degree, and manslaughter, there is also capital murder. Thank you @AngTxGal for calling that out.I've seen this brought up a couple of times so I wanted to look at the definitions in Arkansas, BBM.
A person commits murder in the first degree if:
- (1)Acting alone or with one (1) or more other persons:
- (A) The person commits or attempts to commit a felony; and
- (B) In the course of and in the furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person under circumstances manifesting extreme indifference to the value of human life;
- (2) With a purpose of causing the death of another person, the person causes the death of another person; or
- (3) The person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed.
- a) A person commits murder in the second degree if:
- (1) The person knowingly causes the death of another person under circumstances manifesting extreme indifference to the value of human life; or
- (2) With the purpose of causing serious physical injury to another person, the person causes the death of any person.
- (a)A person commits manslaughter if:
- (1)
- (A) The person causes the death of another person under circumstances that would be murder, except that he or she causes the death under the influence of extreme emotional disturbance for which there is reasonable excuse.
- (B) The reasonableness of the excuse is determined from the viewpoint of a person in the actor's situation under the circumstances as the actor believed them to be;
- (2) The person purposely causes or aids another person to commit suicide;
- (3) The person recklessly causes the death of another person; or
- (4)Acting alone or with one (1) or more persons:
- (A) The person commits or attempts to commit a felony; and
- (B)In the course of and in furtherance of the felony or in immediate flight from the felony:
- (i) The person or an accomplice negligently causes the death of any person; or
- (ii) Another person who is resisting the felony or flight causes the death of any person.
Arkansas Code of 1987 (2024) :: Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) :: Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) :: Chapter 10 - HOMICIDE (§§ 5-10-101 — 5-10-210) :: Section 5-10-104 - Manslaughter
Ark. Code § 5-10-104 - Manslaughter from 2024 Arkansas Codelaw.justia.com
(Note: not every state has the same definitions. These are the definitions for Arkansas.)
- (a)A person commits capital murder if:
- (1)Acting alone or with one (1) or more other persons:
- (A)The person commits or attempts to commit:
- (i) Terrorism, as defined in § 5-54-205;
- (ii) Rape, § 5-14-103;
- (iii) Kidnapping, § 5-11-102;
- (iv) Vehicular piracy, § 5-11-105;
- (v) Robbery, § 5-12-102;
- (vi) Aggravated robbery, § 5-12-103;
- (vii) Residential burglary, § 5-39-201(a);
- (viii) Commercial burglary, § 5-39-201(b);
- (ix) Aggravated residential burglary, § 5-39-204;
- (x) A felony violation of the Uniform Controlled Substances Act, §§ 5-64-101 - 5-64-508, involving an actual delivery of a controlled substance; or
- (xi) First degree escape, § 5-54-110; and
- (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of a person under circumstances manifesting extreme indifference to the value of human life;
- (A)The person commits or attempts to commit:
- (2)Acting alone or with one (1) or more other persons:
- (A) The person commits or attempts to commit arson, § 5-38-301; and
- (B) In the course of and in furtherance of the felony or in immediate flight from the felony, the person or an accomplice causes the death of any person;
- (3) With the premeditated and deliberated purpose of causing the death of any law enforcement officer, jailer, prison official, firefighter, judge or other court official, community supervision officer, any military personnel, or teacher or school employee, when such person is acting in the line of duty, the person causes the death of any person;
- (4) With the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person;
- (5) With the premeditated and deliberated purpose of causing the death of the holder of any public office filled by election or appointment or a candidate for public office, the person causes the death of any person;
- (6) While incarcerated in the Division of Correction or the Division of Community Correction, the person purposely causes the death of another person after premeditation and deliberation;
- (7) Pursuant to an agreement that the person cause the death of another person in return for anything of value, he or she causes the death of any person;
- (8) The person enters into an agreement in which a person is to cause the death of another person in return for anything of value, and a person hired pursuant to the agreement causes the death of any person;
- (9)
- (A) Under circumstances manifesting extreme indifference to the value of human life, the person knowingly causes the death of a person fourteen (14) years of age or younger at the time the murder was committed if the defendant was eighteen (18) years of age or older at the time the murder was committed.
- (B) It is an affirmative defense to any prosecution under this subdivision (a)(9) arising from the failure of the parent, guardian, or person standing in loco parentis to provide specified medical or surgical treatment, that the parent, guardian, or person standing in loco parentis relied solely on spiritual treatment through prayer in accordance with the tenets and practices of an established church or religious denomination of which he or she is a member; or
- (10)The person:
- (A) Purposely discharges a firearm from a vehicle at a person or at a vehicle, conveyance, or a residential or commercial occupiable structure that he or she knows or has good reason to believe to be occupied by a person; and
- (B) Thereby causes the death of another person under circumstances manifesting extreme indifference to the value of human life...
- (1)Acting alone or with one (1) or more other persons:
- (1)Capital murder is punishableas follows:
- (A)If the defendant was eighteen (18) years of age or older at the time he or she committed the capital murder:
- (i) Death; or
- (ii) Life imprisonment without parole under §§ 5-4-601 - 5-4-605, 5-4-607, and 5-4-608; or
- (B) If the defendant was younger than eighteen (18) years of age at the time he or she committed the capital murder, life imprisonment with the possibility of parole or transfer to post-release supervision after serving a minimum of thirty (30) years' imprisonment.
- (A)If the defendant was eighteen (18) years of age or older at the time he or she committed the capital murder:
Arkansas Code of 1987 (2024) :: Title 5 - CRIMINAL OFFENSES (§§ 5-1-101 — 5-79-101) :: Subtitle 2 - OFFENSES AGAINST THE PERSON (§§ 5-10-101 — 5-18-107) :: Chapter 10 - HOMICIDE (§§ 5-10-101 — 5-10-210) :: Section 5-10-101 - Capital murder
Ark. Code § 5-10-101 - Capital murder from 2024 Arkansas Code
law.justia.com
