1.113 — FIRST DEGREE MURDER
Violations of "Statute 01.113" results in a Class A Felony
(a) Definitions
First-degree murder is defined as the intentional and unlawful killing of another person with premeditation and deliberation.
This means the defendant not only intended to kill someone, but also thought about it ahead of time and made a conscious, calculated decision to go through with the act. The planning doesn’t need to take days or weeks — even a few moments of careful consideration can count as premeditation.
This is considered the most serious type of homicide, often carrying the harshest penalties, including life imprisonment or the death penalty in jurisdictions where it applies.
(b) Elements
To prove first-degree murder, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant unlawfully killed another person.
This means the killing was not justified under the law. It wasn’t done in self-defense, defense of others, or under any lawful authority (like police action under legal protocol).
The killing was intentional.
The defendant meant to cause the death. This isn’t an accident or reckless behavior — it’s a purposeful act to end a life.
The killing was premeditated and deliberate.
The defendant planned or considered the killing in advance — even briefly — and made a conscious decision to carry it out. Deliberation means it wasn’t done impulsively or in the heat of passion, but with mental clarity and intention.
The defendant’s actions were unlawful and without legal justification or excuse.
The killing did not occur as part of a justifiable homicide (e.g., self-defense) and there was no valid legal excuse such as mental incapacity at the time.
(c) Defenses
Defenses to a charge of first-degree murder may include, but are not limited to:
Self-defense: The defendant reasonably believed they were in imminent danger of being killed or seriously harmed, and the use of deadly force was necessary to prevent that harm. Self-defense must be proportionate and reasonable based on the circumstances.
Insanity: The defendant lacked the mental capacity to understand their actions or to distinguish right from wrong at the time of the killing. This can be due to a diagnosed mental illness that impaired judgment or awareness.
Mistaken identity: The defendant was wrongly identified as the killer, and there is no credible evidence placing them at the scene or linking them directly to the crime.
Lack of premeditation: The defense might argue that while a killing occurred, it was done in the heat of passion, which could reduce the charge to voluntary manslaughter instead of first-degree murder.
(d) Aggravating Factors
Aggravating factors may increase the severity of the offense and enhance penalties (such as life without parole or capital punishment). Common aggravating factors include:
Prior convictions for violent crimes: The defendant has a criminal history of serious offenses like assault, robbery, or prior homicide.
Felony murder rule: The killing occurred during the commission of another felony, such as:
Robbery
Burglary
Kidnapping
Sexual assault Even if the killing wasn’t intended, it becomes first-degree murder under this rule.
Killing of a protected person: The victim was a:
Law enforcement officer
Public official (like a judge or prosecutor)
Witness to a crime
Minor (under a certain age, often under 14)
Torture or extreme cruelty: The murder involved unusual brutality or caused prolonged suffering to the victim.
(e) Examples
Example 1: Contract Killing A gang boss hires a hitman to assassinate a rival. The hitman studies the victim’s routine, waits in a parking lot, and shoots them in the back of the head. This is a planned and paid-for murder, clearly premeditated and intentional.
Example 2: Revenge Plot A man believes someone harmed his sister. He buys a gun, tracks the person for days, and ambushes them in an alley. Even if he was emotionally driven, the days of planning and stalking make it first-degree murder.
Example 3: Robbery Gone Fatal Two criminals break into a store, armed and ready. During the robbery, one of them shoots the cashier when they reach for a phone. This is first-degree murder under the felony murder rule — the killing occurred during a dangerous felony.
Example 4: Killing a Cop During a traffic stop, a driver recognizes the officer from a past arrest and shoots them to avoid going back to jail. Targeting and killing a law enforcement officer is an aggravating factor that enhances the crime to first-degree murder.
Last updated