Homicide—killing of living human being by another

Statutory murder - First-degree (Class A felony)

• Intentionally killing another person

• Intentionally causing another’s suicide by force or duress

• Recklessly causing another’s death while attempting, committing, or fleeing from the commission of a felony

• Recklessly killing public-safety official performing official duties

• Killing another by using bomb (or similar device) or

• Killing another to avoid arrest or assist someone in escaping custody

Statutory murder - Second-degree (Class A felony)

• Recklessly causing death of another in circumstances demonstrating cruel, wicked, and depraved indifference to human life or

• With criminal negligence, causing death of another while attempting, committing, or fleeing from the commission of a felony

Statutory - Murder by abuse or neglect (felony)

• Death of child under 14 caused by:

• Act of abuse, neglect, or both or

• Previous pattern of abuse, neglect, or both

• Class A felony—defendant acts recklessly

• Class B felony—defendant acts with criminal negligence

Manslaughter (Class B felony):

• Recklessly causing another’s death

• Intending to cause serious physical harm, but causing death instead

• Intentionally killing another while under extreme emotional distress or

• Intentionally causing another to commit suicide

Extreme emotional distress

• May reduce first-degree murder to manslaughter

• Defendant must prove by preponderance of evidence that defendant was under extreme emotional distress for which there is a reasonable explanation or excuse

• Reasonableness (objective)—generally how a reasonable person in defendant’s position would react (given the facts as defendant believed them to be)

Involuntary manslaughter - Criminally negligent homicide (Class D felony)

—causing death of another by acting with criminal negligence

Vehicular homicide - First-degree (Class C felony)

—driving under the influence and criminal negligence causes the death of another

Vehicular homicide - Second-degree (Class D felony)

—(1) criminally negligent driving of vehicle causes death of another or (2) driving under the influence and mere negligence causes death of another