Criminal Law

Homicide

The killing of another human being, either directly or indirectly.

Culpable Homicide

Homicide that is deserving of blame, which includes murder, manslaughter, and infanticide.

Non-Culpable Homicide

Homicide that is not deserving of blame, typically due to accidental death or self-defense.

Culpable Homicide Categories

Includes murder, manslaughter, and infanticide.

Brain Death

A state where there is an irreversible cessation of all brain activity.

Vital Organ Death

Legal standard for death determined by the cessation of function of vital organs.

Death Within a Year and a Day Rule

The victim must die within one year and one day from the act that caused death for culpable homicide conviction.

Murder (Criminal Code Definition)

Causing the death of another with intent or through reckless bodily harm.

First-Degree Murder

Planned and deliberate murder, including specific circumstances such as killing a law enforcement officer.

Second-Degree Murder

All murder that is not classified as first-degree.

Penalties for First-Degree Murder

Life imprisonment without parole for 25 years minimum.

Manslaughter

Unlawful killing that is reduced from murder, typically due to heat of passion or provocation.

Mens Rea for Manslaughter

General intent; the intent to commit the unlawful act.

Infanticide

Killing of a newly-born child by a mother who is not fully recovered from childbirth effects.

Assault Level One

Applying intentional force to another person without consent.

Assault Level Two

Assault causing bodily harm or assault with a weapon.

Assault Level Three

Aggravated assault involving serious bodily injury.

Penalties for Assault Level One

Up to 5 years imprisonment if indictable; fine up to $2,000 or imprisonment up to 6 months if summary conviction.

Sexual Assault Level One

Assault that occurs in relation to sexual conduct.

Age of Consent

The minimum age (currently 16) at which a person can legally consent to sexual activity.

Dangerous Operation of a Motor Vehicle

Operating a vehicle in a manner dangerous to the public.

Impaired Driving

Driving while one's ability is impaired by alcohol or drugs.

Penalties for Impaired Driving Causing Death

Indictable offense punishable by up to life imprisonment.

Street Racing and Criminal Negligence

Causing death or bodily harm by criminal negligence during street racing is a serious offense.