Criminal Law Concept: Mens Rea - culpability based on mental state

Mens Rea

Crime Definitions:

Aggravated Murder:

  • Intentional murder of officer or emergency/justice official during course of duties OR
  • Torturing victim under 14 years old prior to killing

Murder 1st Degree:

  • Intentional murder of a state’s witness of a criminal case OR
  • Contracted assassination

Murder 2nd Degree:

  • Intentional murder OR
  • Committing murder in commission of a felonious crime

Aggravated Manslaughter 1st Degree:

  • Intent to cause HARM to a police officer, results in death of police officer, OR
  • Intent to cause death of police officer under extreme emotional disturbance.

Manslaughter 1st Degree:

  • Intent to cause harm, results in death OR
  • Intent to cause death under emotional disturbance (in the heat of the moment)

Aggravated Manslaughter 2nd Degree:

  • Unintentional killing of a police officer while acting recklessly (with disregard for consequences)

Manslaughter 2nd Degree:

  • Unintentional (reckless) killing of another person


Aggravated Vehicular Homicide:

  • Reckless driving while impaired/intoxicated results in death of another person where the driver was: very drunk (more than double the legal limit) or had previously been convicted of an alcohol related driving offense or [several other scenarios].

Vehicular Manslaughter 1st Degree:

  • Driving while impaired/intoxicated results in death of another person where the driver was: very drunk (more than double the legal limit) or had previously been convicted of an alcohol related driving offense or [several other scenarios].

Vehicular Manslaughter 2nd Degree:

  • Driving while impaired/intoxicated results in death of another person

Aggravated Criminally Negligent Homicide:

  • Negligently failing to perceive a risk of death, kills a police office

 

Criminally Negligent Homicide:

  • Negligently failing to perceive a risk of death, kills another person


Research by Matt Mathis

Source: http://ypdcrime.com/penal.law/article125.htm