GN DAL00304.065 Classification of Homicide (RTN 04)

See GN 00304.065

List of Homicide Classification by State

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. Unless otherwise indicated, all offenses are felonies. Refer to the operating policy in GN 00304.065B. to determine intent.

1. Arkansas

Arkansas Annotated Statutes (Title 5, Subtitle 2, Chapter 10) define offenses against the person which have been designated as criminal homicides as:

OFFENSE

RULE OF INTENT

Capital murder (felony)

Intent conclusively presumed

Murder in the first degree (felony)

Intent conclusively presumed

Murder in the second degree (felony)

Look to which part of statute (paragraph (a)(1) intent conclusively presumed; paragraph (a)(2) intent presumed, but may be rebutted)

Manslaughter (felony)

Look to which part of statute (paragraph (a)(1), (a)(2), and (a)(3) intent presumed, but may be rebutted; paragraph 4 intent not presumed)

Negligent homicide (paragraph (a)1 conviction is a felony: paragraph (b)(1) conviction is a misdemeanor)

Lack of intent presumed (paragraph (a)(1) applies to negligent homicide as a result of operating a vehicle while intoxicated; paragraph (b)(1) applies to death caused by negligence)

2. Louisiana

Louisiana Revised Statutes (Title 14, Chapter 1, Section 29) define offenses against the person which have been designated as criminal homicides in five grades:

OFFENSE

RULE OF INTENT

First degree murder

Intent conclusively presumed

Second degree murder

Look to which part of statute (paragraph (a)(1) intent conclusively presumed; paragraphs (a)(2), (a)(3), and (a)(4) intent presumed, but may be rebutted)

Manslaughter

Intent presumed, but may be rebutted

Negligent homicide

Lack of intent presumed

Intoxicated vehicular homicide

Lack of intent presumed, but may be rebutted

3. New Mexico

New Mexico Statutes (Chapter 30, Article 2) define criminal offenses which have been designated as homicides as:

OFFENSE

RULE OF INTENT

Murder, first degree

Intent conclusively presumed

Murder, second degree

Intent presumed, but may be rebutted

Manslaughter, voluntary (third degree felony)

Intent presumed, but may be rebutted

Manslaughter, involuntary (fourth degree felony)

Lack of intent presumed, but may be rebutted

Assisting suicide (fourth degree felony)

Intent presumed, but may be rebutted

Excusable homicide (not a felony conviction)

Lack of intent presumed

Justifiable homicide by public officer or public employee (not a felony conviction)

Lack of intent presumed

Justifiable homicide by citizen (not a felony conviction)

Lack of intent presumed

Homicide by vehicle while intoxicated or under influence of drugs (third degree felony)

Lack of intent presumed, but may be rebutted

Homicide by vehicle when resisting arrest (third degree felony)

Lack of intent presumed, but may be rebutted

4. Oklahoma

Oklahoma Annotated Statutes (Title 21, Part III, Chapter 24) define offenses against the person which have been designated as homicides as:

OFFENSE

RULE OF INTENT

Murder in the first degree

Intent conclusively presumed

Murder in the second degree

Intent conclusively presumed

Manslaughter, first degree (felony)

Lack of intent presumed

Manslaughter, second degree (felony)

Lack of intent presumed

Excusable homicide (not a felony conviction)

Lack of intent presumed

Justifiable homicide by public officer (not a felony conviction)

Lack of intent presumed

Justifiable homicide by any person (not a felony conviction)

Lack of intent presumed

Negligent homicide by vehicle (not a felony)

Lack of intent presumed

Intoxicated vehicular homicide

Apply the rule of intent for the applicable section under which the state prosecutes the offender.

5. Texas

Texas Penal Code (Title 5, Chapter 19) defines offenses against the person which have been designated as criminal homicide as:

OFFENSE

RULE OF INTENT

Murder (first or second degree felony)

Intent conclusively presumed

Capital murder (capital felony)

Intent conclusively presumed

Manslaughter (second degree felony)

Lack of intent presumed, but where parent is criminally responsible for his or her child’s death through conduct that constitutes manslaughter intent is presumed, but may be rebutted

Criminally negligent homicide (state jail felony)1

Lack of intent presumed

Intoxication Manslaughter (first or second degree felony)

Lack of intent presumed


Footnotes:

[1]

The 1993 amendment of section 19.05 substituted "state jail felony" for "Class A misdemeanor."


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http://policy.ssa.gov/poms.nsf/lnx/0200304065DAL
GN DAL00304.065 - Classification of Homicide (RTN 04) - 10/07/2011
Batch run: 10/07/2011
Rev:10/07/2011