CJI2d[NY] PENAL LAW ARTICLE 125
Homicide and Related Offenses
| OFFENSE | PENAL LAW | DESCRIPTION | WORD PERFECT |
ADOBE (PDF) |
| CRIMINALLY NEGLIGENT HOMICIDE | 125.10 | - | WP | |
| AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE | 125.11 | Cause death of a police or peace officer | WP | |
| VEHICULAR
MANSLAUGHTER 2 |
125.12(1) | Operates motor vehile while intoxicated; cause death. | WP | |
| 125.12(2)&(3) | No charge prepared. See CJI2d [NY] Penal Law 125.12(1). | |||
| VEHICULAR
MANSLAUGHTER 1 |
125.13(1) | .18; cause death. |
WP | |
| 125.13(2) to (5) | No charge prepared. See CJI2d [NY] Penal Law 125.12(1). | |||
| 125.13(6) | Cause death of child less than 16 | WP | ||
| AGGRAVATED VEHICULAR HOMICIDE | 125.14(1) | .18; reckless driving; cause death. | WP | |
| 125.14(2) | No charge prepared. | |||
| 125.14(3) | Prior VTL 1192 within 10 years | WP | ||
| 125.14(4) | Cause death of more than one person | WP | ||
| 125.14(5) | Cause death of one person and serious physical injury to another. | WP | ||
| 125.14(6) | Prior Penal Law art 120 or 125 conviction involving operation of motor vehicle. | WP | ||
| 125.14(7) | Cause death of child less than 16. | WP | ||
| MANSLAUGHTER
2 |
125.15(1) | Reckless | WP | |
| 125.15(2) | No
charge prepared |
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| 125.15(3) | No
charge prepared |
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| MANSLAUGHTER
1 |
125.20(1) | Intent to cause serious physical injury | WP | |
| 125.20(2) | Intent to cause death but under influence of Extreme Emotional Disturbance | WP | ||
| 125.20(3) | No charge prepared | |||
| 125.20(4) | Intent to cause child physical injury; recklessly causes child's death |
WP | ||
| AGGRAVATED
MANSLAUGHTER 2 |
125.21 | Recklessly cause death of police or peace officer |
WP | |
| AGGRAVATED
MANSLAUGHTER 1 |
125.22(1) | Intent
to cause serious physical injury to police or peace officer and cause death |
WP | |
| 125.22(2) | Intent to cause death of police or peace officer but under influence of Extreme Emotional Disturbance | WP | ||
| MURDER
2 |
125.25(1) | Intentional homicide | WP | |
| 125.25(2) | Depraved indifference murder | WP | ||
| 125.25(3) | Felony murder | WP | ||
| 125.25(4) | Depraved indifference murder of child | WP | ||
| 125.25(5) | Intentional homicide in course of sex offense | WP | ||
| AGGRAVATED MURDER | 125.26(1) | Cause death of a police or peace officer, or correctional employee | WP | |
| 125.26(2) | Cause death of child by torture | WP | ||
MURDER 1 |
125.27(1)(a)(i) | Intentional Murder of Police Officer | WP | |
| 125.27(1)(a)(ii) | Intentional Murder of Peace Officer | WP | ||
| 125.27(1)(a)(iii) | Intentional Murder of Correctional Employee | WP | ||
| 125.27(1)(a)(iv) | Intentional Murder While Confined Pursuant to Life Sentence | WP | ||
| 125.27(1)(a)(iv) | Intentional Murder While Escaped From Life Sentence | WP | ||
| 125.27(1)(a)(v) | Intentional Murder of Witness to Prevent Witness's Testimony | WP | ||
| 125.27(1)(a)(v) | Intentional Murder of
Witness to Exact Retribution for Witness's Testimony |
WP | ||
| 125.27(1)(a)(v) | Intentional Murder of Immediate Family Member of Witness to Prevent or Influence Testimony | WP | ||
| 125.27(1)(a)(v) | Intentional Murder of Immediate Family Member of Witness to Exact Retribution for Testimony | WP | ||
| 125.27(1)(a)(vi) | "Contract Killing;" Killer | WP | ||
| 125.27(1)(a)(vi) | "Contract Killing;" Procurer | WP | ||
| 125.27(1)(a)(vii) | Intentional Murder In Course & Furtherance of Commission of, or Immediate Flight, from Designated Crime; Actual Killer | WP | ||
| 125.27(1)(a)(vii) | Intentional Murder In Course & Furtherance of Commission of, or Immediate Flight from, Designated Crime; Person Who Commands Killer | WP | ||
| 125.27(1)(a)(vii) | Intentional Murder In Course & Furtherance of Immediate Flight from Attempted Murder; Actual Killer | WP | ||
| 125.27(1)(a)(vii) | Intentional Murder In
Course &
Furtherance of Immediate Flight from Attempted Murder; Person Who Commands Killer |
WP | ||
| 125.27(1)(a)(viii) | Two Homicides During Same Criminal Transaction | WP | ||
| 125.27(1)(a)(ix) | Intentional Murder, Prior Murder Conviction | WP | ||
| 125.27(1)(a)(x) | Intentional Murder, Accompanied by Torture | WP | ||
| 125.27(1)(a)(xi) | Intentional Murder - Two Additional Homicides within 24 Months | WP | ||
| 125.27(1)(a)(xii) | Intentional Murder of Judge | WP | ||
| 125.27(1)(a)(xiii) | Intentional Murder in Furtherance of Act of Terrorism | WP | ||
| ABORTION AND SELF-ABORTION | 125.40
to 125.60 |
No Charge Prepared | ||
ADDITIONAL CHARGES
|
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DEFINITIONS: |
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| Causation | - | - | WP | |
| Death | - | - | WP | |
| Person | 125.05(1) | - | WP | |
AFFIRMATIVE DEFENSES: |
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| Extreme Emotional Disturbance | 125.25(1)(a) | - | WP | |
| Assisting Suicide | 125.25(1)(b) | - | WP | |
CHARGES COMPARED: |
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| Depraved
Murder and Reckless Manslaughter Compared |
- | - | WP | |
| Depraved Murder and Manslaughter Of a Child Compared | - | - | WP | |
| Murder 1 and
2 During Course of a Felony Compared |
- | - | WP | |
MURDER 1: |
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| Transferred
Intent |
125.27 | - | WP | |
MURDER 1: SENTENCE BY JURY |
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| Preliminary Jury Instructions | - | - | WP | |
| Basic Final Jury Instructions | - | - | WP | |