1.115 — THIRD DEGREE MURDER
Violations of "Statute 1.115" results in a Class C Felony
(a) Definitions
Third-degree murder is the unlawful killing of a human being, without intent to kill, and without lawful justification, caused by an act that is eminently dangerous to others and that demonstrates a depraved mind, showing extreme indifference to human life.
In simpler terms, the person didn't mean to kill, but their actions were so reckless, dangerous, and careless toward human life that a death occurred — and they’re still held criminally responsible.
This type of murder often applies to reckless behavior that shows disregard for life, but not targeted intent or premeditation. It typically sits somewhere between manslaughter and second-degree murder in seriousness.
(b) Elements
To establish the offense of third-degree murder, the prosecution must prove the following elements beyond a reasonable doubt:
The defendant caused the death of another person.
The defendant's actions directly or foreseeably led to someone's death.
The defendant’s actions were eminently dangerous to others.
The act wasn’t just unsafe — it posed a serious, obvious danger to multiple people.
The defendant acted with a depraved mind.
The defendant showed extreme disregard for the safety and lives of others — acting recklessly with no concern for the outcome.
The defendant's actions were unlawful and unjustified.
The act wasn’t protected under self-defense or any other legal excuse.
(c) Defenses
Defenses to a charge of third-degree murder may include, but are not limited to:
Self-defense: The defendant reasonably believed they were in imminent danger of death or serious injury and acted to protect themselves.
Defense of others: The defendant reasonably believed another person was in danger and used force to protect them.
Lack of depraved mind: The defense may argue that the defendant’s actions were negligent or accidental, but not to the level of recklessness needed for third-degree murder.
Causation issues: If the prosecution cannot clearly link the defendant’s actions to the actual cause of death, the charge may not hold.
(d) Aggravating Factors
Aggravating factors do not necessarily change the nature of the charge, but they may increase the severity of sentencing. These include:
Particularly heinous or cruel conduct: The act was especially brutal, painful, or shocking to the conscience.
Prior criminal history: The defendant has a documented pattern of violent or reckless behavior.
Victim vulnerability: The victim was a child, elderly, disabled, or otherwise particularly defenseless.
Community impact: The crime caused fear, disruption, or significant trauma beyond the direct victim.
(e) Mitigating Factors
The court may take into account factors that lessen the moral blameworthiness of the defendant when determining sentencing:
Genuine remorse: The defendant expresses real regret and understanding of the harm caused.
Cooperation with law enforcement: The defendant helped with the investigation, turned themselves in, or accepted responsibility.
Lack of prior offenses: The defendant has no significant criminal history and may be seen as low risk for reoffending.
Mental or emotional distress: Evidence that the defendant was experiencing extreme emotional disturbance or diminished capacity at the time (though not legally insane).
(f) Examples
Example 1: Reckless Street Racing A player is racing another car at high speeds through a city area. They lose control and plow into a crowd of pedestrians, killing one. They didn’t mean to kill anyone, but the act was clearly dangerous and showed disregard for human life. That’s third-degree murder.
Example 2: Random Gunfire A gang member fires multiple rounds into the air during a celebration, not aiming at anyone. One bullet comes down and kills a bystander. They didn’t target anyone, but firing live rounds in public is eminently dangerous — this fits third-degree murder.
Example 3: Unprovoked Beating in a Public Place A person beats someone unconscious during a confrontation at a nightclub with a blunt object. They don’t intend to kill them, but the victim later dies from internal injuries. The depraved indifference to the victim's safety (continuing to beat them while down) makes this a strong case for third-degree.
Example 4: Arson Without Checking for Occupants A player sets fire to an abandoned building as a prank or for insurance fraud, not realizing a homeless person is inside. The victim dies in the fire. The defendant didn't mean to kill, but the act was reckless and deadly — textbook third-degree murder.
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