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GN DAL00304.065 Classification of Homicide (RTN 04)

See GN 00304.065

List of Homicide Classification by State[1]

Homicide laws vary from state to state.  Listed below is a summary of the types of homicide classifications for each state in the Dallas Region and the rules for intent for a conviction for each felony offense pursuant to 20 C.F.R. § 404.305(b) and operating policy in GN 00304.060 and GN 00304.065.  All offenses included in the charts below are felonies.  The rules for intent provided in the charts are for convictions for the listed felony offenses and do not address intent for pleas, charges, or indictments.  There may be other felony offenses not included in the charts below that may be intentional homicides for purposes of 20 C.F.R. § 404.305(b).  Misdemeanor offenses are not listed in the charts below as they are not relevant to 20 C.F.R. § 404.305(b).  Defenses, such as justifiable homicide or excusable homicide, are not listed in the charts below, as they are not relevant to 20 C.F.R. § 404.305(b).

1. Arkansas

The Arkansas Criminal Code provides for the following felony homicide offenses: capital murder, first degree murder, second degree murder, manslaughter, negligent homicide, and physician-assisted suicide.  See Ark. Code Ann. §§ 5-10-101 – 5-10-106.  In addition, the Arkansas Criminal Code provides for the felony offense of solicitation for murder, which is relevant to 20 C.F.R. § 404.305(b) regarding felony offenses intentionally causing a person’s death.  See Ark. Code Ann. § 5-3-301.

OFFENSE

RULE OF INTENT

Capital murder

Intent conclusively presumed

First degree murder

Intent conclusively presumed

Second degree murder

Intent conclusively presumed

Manslaughter

For a manslaughter conviction under Ark. Code Ann. § 5-10-104(a)(1), (2), and (3), intent conclusively presumed. For a manslaughter conviction under Ark. Code Ann. § 5-10-104(a)(4), lack of intent presumed

Negligent homicide

For a negligent homicide conviction under Ark. Code Ann. § 5-10-105(a)(1), which applies to negligent homicide as a result of operating a vehicle while intoxicated, lack of intent presumed.[2]

Physician-assisted suicide

Intent conclusively presumed

Solicitation for murder 

Intent conclusively presumed

2. Louisiana

The Louisiana Criminal Code provides for the following felony homicide offenses: first degree murder, second degree murder, manslaughter, negligent homicide, and vehicular homicide.  See La. Rev. Stat. Ann. §§ 14:29 – 14:32.1.  In addition, the Louisiana Criminal Code provides for the felony offenses of criminal assistance to suicide and solicitation for murder, which are relevant to 20 C.F.R. § 404.305(b) regarding felony offenses intentionally causing a person’s death.  See La. Rev. Stat. Ann. §§ 14:28.1, 14:32.12.

OFFENSE

RULE OF INTENT

First degree murder

Intent conclusively presumed

Second degree murder

For a second degree murder conviction under La. Rev. Stat. Ann. § 14:30.1(A)(1), intent conclusively presumed. For a second degree murder conviction under La. Rev. Stat. Ann. § 14:30.1(A)(2), (3), and (4), intent presumed, but may be rebutted.

Manslaughter

For a manslaughter conviction under La. Rev. Stat. Ann. § 14:31(A)(1), intent presumed, but may be rebutted. For a manslaughter conviction under La. Rev. Stat. Ann. § 14:31(A)(2), lack of intent presumed, but may be rebutted.

Negligent homicide

Lack of intent presumed

Vehicular homicide

Lack of intent presumed

Criminal assistance to suicide

Intent conclusively presumed

Solicitation for murder

Intent conclusively presumed

3. New Mexico

The New Mexico Criminal Code provides for the following felony homicide offenses:  murder in the first degree, murder in the second degree, voluntary manslaughter, involuntary manslaughter, and assisting suicide.  See N.M. Stat. Ann. §§ 30-2-1 – 30-2-9.  In addition, the New Mexico Criminal Code provides for the felony offenses of homicide by vehicle and criminal solicitation for murder, which are relevant to 20 C.F.R. § 404.305(b) regarding felony offenses intentionally causing a person’s death.  See N.M. Stat. Ann. §§ 30-28-3(A), 66-8-101(A), (C), (D), (H).

OFFENSE

RULE OF INTENT

Murder in the first degree

Intent conclusively presumed

Murder in the second degree

Intent conclusively presumed

Voluntary manslaughter)

Intent conclusively presumed

Involuntary manslaughter,

Intent conclusively presumed

Assisting suicide

Intent conclusively presumed

Homicide by vehicle

For a conviction of homicide by vehicle while intoxicated or under the influence of drugs under N.M. Stat. Ann. § 66-8-101(C), lack of intent presumed. For a conviction of homicide by vehicle when resisting arrest under N.M. Stat. Ann. § 66-8-101(H), lack of intent presumed. For a conviction of homicide by vehicle for reckless driving under N.M. Stat. Ann. § 66-8-101(D), intent conclusively presumed.

Criminal solicitation for murder

Intent conclusively presumed

4. Oklahoma

The Oklahoma Penal Code provides for the following felony homicide offenses: murder in the first degree, murder in the second degree, manslaughter in the first degree, and manslaughter in the second degree.  See Okla. Stat. Ann. tit. 21, §§ 691-740.  In addition, the Oklahoma Penal Code provides for the felony offenses of aiding suicide and solicitation for murder in the first degree, which are relevant to 20 C.F.R. § 404.305(b) regarding felony offenses intentionally causing a person’s death.  See Okla. Stat. Ann. tit. 21, §§ 701.16, 811, 813, 817.

OFFENSE

RULE OF INTENT

Murder in the first degree

Intent conclusively presumed

Murder in the second degree

Intent conclusively presumed

Manslaughter in the first degree

Intent conclusively presumed

Manslaughter in the second degree

Lack of intent presumed

Solicitation for murder in the first degree

Intent conclusively presumed

Aiding suicide

Intent conclusively presumed

5. Texas

The Texas Penal Code provides for the following felony homicide offenses: murder, capital murder, manslaughter, and criminally negligent homicide.  See Tex. Penal Code Ann. §§ 19.01 – 19.07.  In addition, the Texas Penal Code provides for the felony offenses of intoxication manslaughter, aiding suicide, and criminal solicitation for murder, which are relevant to 20 C.F.R. § 404.305(b) regarding felony offenses intentionally causing a person’s death. See Tex. Penal Code Ann. §§ 15.03(a), 22.08, 49.08. 

OFFENSE

RULE OF INTENT

Murder

Intent conclusively presumed

Capital murder

Intent conclusively presumed

Manslaughter

Intent conclusively presumed

Criminally negligent homicide

Lack of intent presumed

Intoxication Manslaughter

Lack of intent presumed

Aiding suicide

Intent conclusively presumed

Criminal solicitation for murder

Intent conclusively presumed

Footnotes:

[1]

All state law statutory citations in this provision are to the most current 2018 versions.  Please refer a matter to the Office of the Regional Chief Counsel for a legal opinion if the circumstances fall outside of the information provided in these charts.  

[2]

A negligent homicide conviction under Ark. Code Ann. § 5-10-105(b)(1) for negligently causing a person’s death is a misdemeanor and thus, does not apply to prohibit entitlement to benefits per 20 C.F.R. § 404.305(b).

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GN DAL00304.065 - Classification of Homicide (RTN 04) - 04/15/2025
Batch run: 04/15/2025
Rev:04/15/2025