Murder in Pennsylvania law: Difference between revisions
Content deleted Content added
No edit summary |
|||
| Line 10: | Line 10: | ||
A killing caused during the perpetration of a felony that is not otherwise listed in § 2502(d), i.e. aggravated assault, would be charged as Murder of the Third Degree or as a less culpable homicide provision, e.g. 18 Pa.C.S.A. § 2503 (Manslaughter). |
A killing caused during the perpetration of a felony that is not otherwise listed in § 2502(d), i.e. aggravated assault, would be charged as Murder of the Third Degree or as a less culpable homicide provision, e.g. 18 Pa.C.S.A. § 2503 (Manslaughter). |
||
' |
|||
=== ''Links: |
=== ''Links: |
||
''' === |
''' === |
||
# [[Felony_murder_rule|Felony Murder Rule]] |
# [[Felony_murder_rule|Felony Murder Rule]] |
||
************************************************* |
************************************************* |
||
=== Footnotes === |
|||
<references /> |
<references /> |
||
Revision as of 05:16, 1 February 2011
Felony Murder in Pennsylvania
In the Commonwealth of Pennsylvania, common law felony murder was codified as "Murder of the Second Degree."[1] The statute provides that "[criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony."[2]
The Pennsylvania formulation narrows the doctrine. Indeed, "Perpetration of a Felony" is statutorily defined as
- The act of the defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.[3]
A killing caused during the perpetration of a felony that is not otherwise listed in § 2502(d), i.e. aggravated assault, would be charged as Murder of the Third Degree or as a less culpable homicide provision, e.g. 18 Pa.C.S.A. § 2503 (Manslaughter).
=== Links:
===