§ 921. Murder defined
Murder is the unlawful killing of a human being with malice aforethought.
Murder is the unlawful killing of a human being with malice aforethought.
(a) All murder which— (1) is perpetrated by means of poison, lying in wait, torture, detonation of a bomb or by any other kind of willful, deliberate and premeditated killing; (2) is committed in the perpetration or attempt to perpetrate arson, burglary, kidnapping, rape, robbery or mayhem, assault in the first degree, assault in the […]
(a) Whoever commits murder in the first degree shall be imprisoned for the remainder of his natural life without parole. (b) Whoever commits murder in the second degree shall be imprisoned for not less than five (5) years, provided, that if such second degree murder was perpetrated upon a law enforcement officer while such officer […]
Manslaughter is the unlawful killing of a human being without malice aforethought. It is of two kinds— (1) voluntary; upon a sudden quarrel or heat of passion; or (2) involuntary; in the commission of an unlawful act, not amounting to a felony; or in the culpable omission of some legal duty; or in the commission […]
(a) Whoever commits voluntary manslaughter shall be imprisoned for not more than ten (10) years, provided, that if such voluntary manslaughter is perpetrated upon a law enforcement officer while such officer is engaged in the performance of his official duties, the perpetrator shall be imprisoned for not less than five (5) years nor more than […]
Homicide is excusable— (1) when committed by accident and misfortune, or in doing any lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent; or (2) when committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no […]
Homicide is justifiable when committed by— (1) public officers and those acting by their command in their aid and assistance, (A) in obedience to any judgment of a competent court; (B) when necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty; or […]
Whenever a homicide appears to be justifiable or excusable, the person charged must, upon his trial, be acquitted and discharged.
For purposes of this chapter, the term “law enforcement officer” shall mean a police officer, probation officer, parole officer, correction officer, warden, prison guard and marshal.