Homicide

Question 1

What are the types of homicide in VA?

Answer 1

• Aggravated murder
• Murder of the first degree
• Murder of the second degree
• Voluntary manslaughter
• Involuntary manslaughter
• Felony murder / homicide

Question 2

What are the elements of aggravated murder?

Answer 2

(i) willful, (ii) deliberate, and (iii) premeditated killing if
committed in enumerated manner (below)

1. In the commission of abduction with intent to extort money or defile the victim;
2. For hire;
3. By a prisoner confined in or in custody of employee of a correction facility;
4. In the commission of robbery or act of terrorism, or during attempt of either;
5. In the commission of or subsequent to rape, forcible sodomy, object sexual penetration, or attempt thereof
6. Against a law enforcement officer or someone with police powers, if such killing interferes with the performance of official duties;
7. Against more than one person as part of the same act or within a three-year period;
8. In furtherance of a violation involving a Schedule I or II controlled substance;
9. At the direction of a person engaged in a continuing criminal enterprise;
10. Of a pregnant woman by one who knows that the woman is pregnant and has the intent to cause the involuntary termination of the woman’s pregnancy (punishable by imprisonment for 10 to 40 years);
11. Of a person under the age of 14 by a person 21 years old or older; or
12. Of a subpoenaed witness in a criminal case if the killing is to interfere with testimony

Question 3

What are the elements of murder in the first degree?

Answer 3

(i) willful, (ii) deliberate, (iii) premeditated killing not specified in aggravated murder statute

Question 4

What is felony murder?

Answer 4

death results from acts in furtherance of arson, rape, forcible sodomy, sexual penetration, robbery, burglary, or kidnapping (unless aggravated murder applies)

Question 5

What is murder in the second degree?

Answer 5

• Murder—unlawful killing of a human being with malice; transferred intent applies
• presumed degree of murder

Malice = intent to kill or intent to inflict serious bodily harm. Trier of fact may infer malice after proof the killing was unlawful, unless there is a reasonable doubt that malice exists

Question 6

What is felony homicide?

Answer 6

the accidental killing of another while committing a felony not listed in the aggravated murder and murder of the first-degree statutes

Question 7

What are the elements of voluntary manslaughter?

Answer 7

unlawful killing committed without malice, usually occurring in the heat of passion or in sudden mutual combat; words alone are not sufficient provocation

Question 8

What is involuntary manslaughter?

Answer 8

accidental, unintentional killing with causal connection to PFD’s criminal negligence or non-felonious unlawful act, such as driving under the influence. Gross, wanton, and culpable conduct showing reckless disregard for human life rises to aggravated involuntary manslaughter