Term
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Definition
• Division A
o Purposely…
o With prior calculation and design…
o Cause the death of another or…
o The unlawful termination of another’s pregnancy
• Division B
o Purposely…
o Cause the death of another or the unlawful termination of another’s pregnancy…
o While committing or attempting to commit or fleeing immediately after committing or attempting to commit any of the following…
Kidnapping, Rape, Agg Arson, Arson, Agg Rob, Rob, Agg Burg, Burg, Trespass in habitation when a person is present or likely to be present, Terrorism, Escape
• Division C
o Purposely…
o Cause the death of another who is under 13 years old at the time of the offense
• Division D
o Being a person who is under detention as a result of being found guilty or having plead guilty to a felony or…
o A person who breaks such detention…
o Purposely…
o Cause the death of another
• Division E
o Purposely…
o Cause the death…
o Of a law enforcement officer…
o Whom the offender knows or has reasonable cause to know is a law enforcement WHEN
The victim, at the time of the commission of the offense, is engaged in official duties
It is the offender’s specific purpose to kill a law enforcement officer
(Death, Life without Parole, Life with Parole) |
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Term
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Definition
• Division A
o Purposely
o Cause the death of another or the unlawful termination of another’s pregnancy
• Division B
o Cause the death of another…
o As a proximate result of the offender committing or attempting to commit an offense of violence that is an F-1 or F-2 that is not Voluntary or Involuntary Manslaughter
(15 to Life, 30 to life if victim is less than 13 years old and the offender had a sexual motive) |
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Term
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Definition
• Division A
o Knowingly…
o Cause the death or the unlawful termination of another’s pregnancy…
o While under the influence of SUDDEN PASSION OR FIT OF RAGE…
o Brought on by SERIOUS PROVOCATION occasioned by the victim…
o Reasonably sufficient to incite the person…
o To use deadly force
• Division B
o With sexual motivation…
o Violate division (A)
(F-1)
*Provocation- in order to be serious, must be reasonably sufficient to bring on extreme stress* |
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Term
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Definition
• Cause the death of another or unlawful termination of another’s pregnancy…
• As a proximate result of…
o Division A
Offender committing or attempting to commit a felony
o Division B
Offender committing or attempting to commit a misdemeanor or a MM except for a MM under traffic code
(F-1 Div A, F-3 Div B) |
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Term
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Definition
• Recklessly…
o Cause the death of another or unlawful termination of another’s pregnancy…
(F-3) |
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Term
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Definition
| • Negligently… o Cause the death of another or unlawful termination of another’s pregnancy… o By means of a deadly weapon or dangerous ordnance M-1 |
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Term
| Aggravated Vehicular Homicide |
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Definition
• While operating or participating in the operation of a motor vehicle, motorcycle, or snowmobile… • Cause the death of another or the unlawful termination of another’s pregnancy… o Division A1 As the proximate cause of committing a violation of OVI OR As the proximate cause of committing a violation of OVI for boats, vessels, or airplanes OR As the proximate cause of committing a violation of Unsafe Operation of Aircraft OR of a substantially equivalent municipal ordinance o Division A2 Recklessly OR As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense AND The person whose death is caused or whose pregnancy was unlawfully terminated is in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone.
•Agg Vehicular Homicide if violates Division A1 o F-2 o F-1 if prior driving under suspension, Prior OVI, Prior conviction of any traffic related homicide, manslaughter, or assault, or no valid license • Agg Vehicular Homicide if violates division A2 o F-3 o F-2 if prior driving under suspension, Prior OVI, Prior conviction of any traffic related homicide, manslaughter, or assault, or no valid license |
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Term
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Definition
While operating or participating in the operation of a motor vehicle, motorcycle, or snowmobile… • Cause the death of another or the unlawful termination of another’s pregnancy…
Division A3 § Negligently OR § As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense AND § The person whose death is caused or whose pregnancy was unlawfully terminated is in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone.
(Vehicular Homicide if violates division A3 o M-1 o F-4 if prior driving under suspension, Prior OVI, Prior conviction of any traffic related homicide, manslaughter, or assault, or no valid license •) |
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Term
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Definition
While operating or participating in the operation of a motor vehicle, motorcycle, or snowmobile… • Cause the death of another or the unlawful termination of another’s pregnancy…
Division A4 § As the proximate result of committing a violation of any provision of any section contained in Title XLV that is a MM OR § Of a municipal ordinance that, regardless of the penalty set by the ordinance for the violation, is substantially equivalent to any provision of any section contained in Title XLV that’s a MM
(Vehicular Manslaughter if violates division A4 o M-2 o M-1 if prior driving under suspension, Prior OVI, Prior conviction of any traffic related homicide, manslaughter, or assault, or no valid license)
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Term
| Aggravated Vehicular Assault |
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Definition
| While operating or participating in the operation of a motor vehicle, motorcycle, or snowmobile… Cause serious physical harm to another person or another’s unborn… o Division A1 As the proximate cause of committing a violation of OVI OR As the proximate cause of committing a violation of OVI for boats, vessels, or airplanes OR As the proximate cause of committing a violation of Unsafe Operation of Aircraft OR of a substantially equivalent municipal ordinance o Division A2 Recklessly OR As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a reckless operation offense AND The serious physical harm is caused in the construction zone at the time of the offender’s commission of the reckless operation offense in the construction zone. o Agg Vehicular Assault if violates A1 o F-3 o F-2 if prior driving under suspension, Prior OVI, Prior conviction of any traffic related homicide, manslaughter, or assault, or no valid license. Agg Vehicular Assault if violates A2 o F-4 o F-3 if prior driving under suspension, Prior OVI, Prior conviction of any traffic related homicide, manslaughter, or assault, or no valid license. |
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Term
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Definition
§ While operating or participating in the operation of a motor vehicle, motorcycle, or snowmobile… § Cause serious physical harm to another person or another’s unborn…
Division A3 § As the proximate result of committing, while operating or participating in the operation of a motor vehicle or motorcycle in a construction zone, a speeding offense AND § The serious physical harm is caused in the construction zone at the time of the offender’s commission of the speeding offense in the construction zone.
( § Vehicular Assault if Violates A3 o M-1 o F-4 if prior driving under suspension, Prior OVI, Prior conviction of any traffic related homicide, manslaughter, or assault, or no valid license.) |
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Term
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Definition
Division A
o Knowingly…
o Cause serious physical harm to another or another’s unborn OR
o Cause or attempt to cause physical harm to another’s unborn by means of a deadly weapon or dangerous ordnance
Division B
o With knowledge that they have tested positive as a carrier of a virus that causes AIDS
o Knowingly...
Engage in sexual conduct with another person without disclosing that knowledge to the other person prior to engaging in the sexual conduct OR
Engage in sexual conduct with a person whom the offender knows or has reasonable cause to believe lacks the mental capacity to appreciate the significance of the knowledge that the offender has tested positive as a carrier of a virus that causes AIDS
Engage in sexual conduct with a person under 18 years of age who is not the spouse of the offender
(F-2, if victim is a private citizen)
(F-1, if victim is a peace officer) |
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Term
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Definition
• While under the influence of sudden passion or in a sudden fit of rage…
• Either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force…
• Knowingly…
o Cause or attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance.
o Cause of attempt to cause physical harm to another or to another’s unborn by means of a deadly weapon or dangerous ordnance
(F-4, private citizen)
(F-3, peace officer) |
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Term
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Definition
• Division A
o Knowingly…
o Cause or attempt to cause…
o Physical harm to another or another’s unborn
• Division B
o Recklessly…
o Cause…
o Serious physical harm to another of another’s unborn
Generally M-1
F-4 if offense is committed by a caretaker, F-3 if prior conviction of same
F-5 if offender is incarcerated and victim is employee of the agency
F-4 if victim is peace officer, firefighter, or EMT |
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Term
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Definition
• Negligently…
• By means of deadly weapon or dangerous ordnance…
• Cause physical harm to another or another’s unborn
(M-3) |
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Term
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Definition
• Knowingly…
• Cause another to believe…
• Offender will cause serious physical harm to the person or property of the other person, the other person’s unborn or a member of the other person’s immediate family
(M-1)
(F-5 if victim is an officer or employee of a public children services agency)
(F-4 if prior conviction for an offense of violence |
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Term
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Definition
• Division A1
o By engaging in a pattern of conduct…
o Knowingly…
o Cause another to believe…
o Offender will cause other person…
Physical harm
Mental distress
• Division A2
o Through the use of any electronic method of remotely transferring info…
o Post a message
o With purpose to urge or incite another to commit a violation of Division A
• Division A3
o With a sexual motivation…
o Violate division A1 or A2
(M-1)
(F-4 if prior conviction OR if one of several aggravating conditions are present)
*Pattern of conduct – Two or more acts of incidents closely related in time*
*Mental distress- a mental illness or condition involving temp substantial incapacity requiring treatment |
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Term
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Definition
• Knowingly…
• Cause another to believe…
• Offender will cause physical harm to person or property of the other person, the other person’s unborn, or a member of the other person’s immediate family
(M-4)
(M-1 if victim of offense is an officer or employee of a public children services agency)
(F-4 if prior conviction) |
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