Aim: How does the NYS Penal Law define the

crimes of Homicide and other related offenses?

Article 125- Homicide, Abortion, and Related Offenses

125.00 Homicide defined. 125.05 Homicide, abortion and related offenses;

definitions of terms. 125.10 Criminally negligent homicide. 125.11 Aggravated criminally negligent

homicide. 125.12 Vehicular manslaughter in the second

degree. 125.13 Vehicular manslaughter in the first degree. 125.14 Aggravated vehicular homicide. 125.15 Manslaughter in the second degree. 125.20 Manslaughter in the first degree. 125.21 Aggravated manslaughter in the

second degree.

125.22 Aggravated manslaughter in the first degree.

125.25 Murder in the second degree. 125.26 Aggravated murder. 125.27 Murder in the first degree. 125.40 Abortion in the second degree. 125.45 Abortion in the first degree. 125.50 Self-abortion in the second degree. 125.55 Self-abortion in the first degree. 125.60 Issuing abortional articles.

125.00 Homicide defined:

Homicide means conduct which causes the death of a person or an unborn child with which a female has been pregnant for more than twenty-four weeks

125.10 Criminally negligent homicide:

A person is guilty of criminally

negligent homicide when, with Criminal Negligence, he/she causes the death of another person.

Class E felony.

125.11 Aggravated criminally negligent homicide:

A person is guilty of aggravated criminally negligent homicide when, with Criminal Negligence, he/she causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties.

Class C felony.

125.14 Aggravated vehicular homicide:

A person is guilty of aggravated vehicular homicide when he or she engages in reckless driving; and: (1) commits such crimes while operating a motor

vehicle while under the influence of alcohol (DWI) or (2) commits such crimes while knowing or having

reason to know that his or her license or his or her privilege of operating a motor vehicle is suspended or revoked; or

(3) causes the death of more than one other person; or

(4) causes the death of one person and the Serious Physical Injury of at least one other person.

Class B felony.

125.15 Manslaughter in the second degree:

A person is guilty of manslaughter in the second degree when: 1. He/she Recklessly causes the death of

another person; or 2. He commits upon a female an abortional

act which causes her death, unless such abortional act is justifiable; or

3. He/she intentionally causes or aids another person to commit suicide.

Class C felony.

125.20 Manslaughter in the first degree:

A person is guilty of manslaughter in the first degree when:

With Intent to cause Serious Physical Injury to another person, he/she causes the death of such person or of a third person; or

He commits upon a female pregnant for more than twenty-four weeks an abortional act which causes her death, unless such abortional act is justifiable.

Class B felony.

125.21 Aggravated manslaughter in the second degree:

A person is guilty of aggravated manslaughter in the second degree when he/she Recklessly causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties

Class C felony.

125.22 Aggravated manslaughter in the first degree:

A person is guilty of aggravated manslaughter in the first degree when with Intent to kill a police officer or peace officer, where such officer was in the course of performing his or her official duties he/she causes the death of such officer or another police officer or peace officer.

Class B felony.

125.25 Murder in the second degree:

A person is guilty of murder in the second degree when:

With Intent to cause the death of another person, he/she causes the death of such person or of a third person; or

Under circumstances evincing a depraved indifference to human life, he/she Recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person; or

Acting either alone or with one or more other persons, he/she commits or attempts to commit Robbery, Burglary, Kidnapping, Arson, Rape 1st degree, Sodomy 1st degree, Sexual Abuse 1st degree, Aggravated Sexual Abuse, Escape 1st degree, or Escape 2nd degree, and, in the course of and in furtherance of such crime or of immediate flight there from,…

… he/she, or another participant, if there be any, causes the death of a person other than one of the participants; or

under circumstances evincing a depraved indifference to human life, and being eighteen years old or more the defendant Recklessly engages in conduct which creates a grave risk of Serious Physical Injury or death to another person less than eleven years old and thereby causes the death of such person.

Class A felony.

125.27 Murder in the first degree.:

A person is guilty of murder in the first degree when:

With Intent to cause the death of another

person, he/she causes the death of such person or of a third person; and the intended victim was a police officer; a uniformed court officer, parole officer, probation officer, or employee of the division for youth; an employee of a state correctional institution, or an employee of a local correctional facility; or

at the time of the commission of the killing, the defendant was confined in a state correctional institution, or…

the intended victim was a witness to a crime committed on a prior occasion and the death was caused for the purpose of preventing the intended victims testimony in any criminal action or

the defendant acted in an especially cruel and wanton manner pursuant to a course of conduct intended to inflict and inflicting torture upon the victim prior to the victims death.

Class A-1 felony.

125.40 Abortion in the second degree: A person is guilty of abortion in the second degree

when he commits an abortional act upon a female, unless such abortional act is justifiable.

Class E felony.

125.45 Abortion in the first degree: A person is guilty of abortion in the first degree

when he commits upon a female pregnant for more than twenty-four weeks an abortional act which causes the miscarriage of such female, unless such abortional act is justifiable.

Class D felony.