MODEL PENAL CODE no

degs
Purposely or Knowingly

Malice = intent to cause

grevious injury, but kill (w/o
intent to kill)
Felony Murder

MURDER 210.2

Malice intent to cause

death w/o provocation

Malice w/o premed

Gross Negligence
-conscious/voluntary
disregard for need to use
rable care
Ordinary Negligence mere
failure to exercise rable
care
-Williams (welfare baby)

Felony Murder = reckless

and indifference presumed if
actor engaged or accomplice
to robbery, rape, deviate
sexual intercourse by force
or threat, arson, burglary,
kidnapping, or felonious
escape

Would be murder but for

extreme emotional
disturbance
-Objectively rable
-Subjectively as actor
believes circumstances be

MS -

Provocation/Heat of Passion
categories
-Adultery
-Mutual Combat
-Physical Attack
PROVOCATION NEGATES
MALICE

210.3

Depraved heart murder

-abandoned, malignant
heart

Recklessness = extreme
indifference to human life
-EIR = awareness of creation
of substantial homicidal risk,
unjustifiable risk, choose to
be reckless

Ordinary Recklessness
-fail to exercise ord caution
necessary
-ord caution = rps would
have done in sim circs.

NEG HOM 210.4

VOLUNTARY

2ND DEGREEMURDER ST
1 DEGREEMURDER

Malice + Premed = (willful,

delib, premed)

INVOLUNTARY

MANSLAUGHTER = killing w/o malice

MURDER

COMMON LAW

Gross Negligence
-Gross deviation from
standard of care rps would
have done in actors sit
-Aware of risk of death