Colorado Jury Instruction - First Degree Murder - Felony Murder
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Under the Colorado felony murder rule, a defendant can be liable for second-degree murder if a victim is killed, even accidentally, in the commission of certain dangerous felony crimes. A person convicted of felony murder faces a sentence of 16 to 48 years in state prison.
Under California law, a person convicted of first-degree murder without special circumstances faces a sentence of 25 years to life in prison. However, if special circumstances are present, the defendant may be sentenced to life without the possibility of parole (LWOP) or even the death penalty.
Often, it is easier for prosecutors to prove extreme indifference, because they don't need to demonstrate a specific intent to kill a particular person, only conduct that creates a risk of death to any other person or persons.
Depraved heart murder, also known as "reckless indifference" murder, involves a level of extreme recklessness or indifference to human life that leads to death. It typically involves actions that create a high risk of death, even if the perpetrator did not intend to kill anyone.
Section 18-3-102 - Murder in the first degree (1) A person commits the crime of murder in the first degree if: (a) After deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or (b) Repealed.
When their actions show an utter disregard for the value of human life, they will be said to be exhibiting depraved indifference. This means that they exhibit a willingness to act, not because they intend to cause harm but because they do not care if their actions will result in harm.
First-degree murder is a Class 1 felony. Class 1 felonies can be punished by at a minimum, life imprisonment, and at a maximum, the death penalty. First degree murder of a cop, firefighter, or EMT can be punished by life imprisonment without the possibility of parole or the death sentence.
The Model Penal Code considers unintentional killing to constitute murder when the conduct of the defendant manifests "extreme indifference to the value of human life".