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Homicide Charges

Drive by Shooting

13-1209. Drive by shooting; forfeiture; driver license revocation; classification; definitions

  1. A person commits drive by shooting by intentionally discharging a weapon from a motor vehicle at a person, another occupied motor vehicle or an occupied structure.
  2. Motor vehicles that are used in violation of this section are subject to seizure for forfeiture in the manner provided for in chapter 39 of this title.
  3. Notwithstanding title 28, chapter 8, the judge shall order the surrender to the judge of any driver license of the convicted person and, on surrender of the license, shall invalidate or
  4. destroy the license and forward the abstract of conviction to the department of transportation with an order of the court revoking the driving privilege of the person for a period of at least one year but not more than five years. On receipt of the abstract of conviction and order, the department of transportation shall revoke the driving privilege of the person for the period of time ordered by the judge.

  5. Drive by shooting is a class 2 felony.
  6. As used in this section:
    1. “Motor vehicle” has the same meaning prescribed in section 28-101.
    2. “Occupied structure” has the same meaning prescribed in section 13-3101.

First Degree Murder by Premeditation

The crime of first degree murder requires proof of the following three things:

  1. The defendant caused the death of another person; and
  2. The defendant intended or knew that he would cause the death of another person; and
  3. The defendant acted with premeditation.

“Premeditation” means that the defendant’s intention or knowledge existed before the killing long enough to permit actual reflection. However, the reflection differs from the intent or knowledge that conduct will cause death. It is this actual reflection, regardless of its length, which distinguishes first degree murder from intentional or knowing second degree murder. An act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion

13-1105. First degree murder; classification

  1. A person commits first degree murder if:
    1. Intending or knowing that the person’s conduct will cause death, the person causes the death of another person, including an unborn child, with premeditation or, as a result of causing the death of another person with premeditation, causes the death of an unborn child.
    2. Acting either alone or with one or more other persons the person commits or attempts to commit sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, molestation of a child under section 13-1410, terrorism under section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4, dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7, narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed the statutory threshold amount for each offense or combination of offenses, involving or using minors in drug offenses under section 13-3409, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or 13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903 or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623, subsection A, paragraph 1, or unlawful flight from a pursuing law enforcement vehicle under section 28-622.01 and in the course of and in furtherance of the offense or immediate flight from the offense, the person or another person causes the death of any person.
    3. Intending or knowing that the person’s conduct will cause death to a law enforcement officer, the person causes the death of a law enforcement officer who is in the line of duty.
  2. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires no specific mental state other than what is required for the commission of any of the enumerated felonies.
  3. An offense under subsection A, paragraph 1 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 1 of this section if any of the following applies:
    1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.
    2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.
    3. The person was the unborn child’s mother.
  4. First degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by sections 13-703 and 13-703.01

Manslaughter by Sudden Quarrel or Heat of Passion

The crime of manslaughter requires proof of the following three things:

  1. The defendant intentionally killed another person; or
  2. The defendant caused the death of another person by conduct which [he] [she] knew would cause death or serious physical injury; or Under circumstances which plainly showed an extreme indifference to human life, the defendant caused the death of another person by consciously disre­garding a grave risk of death. The risk must be such that disregarding it was a gross deviation from what a reasonable person in the defendant’s situation would have done; and

  3. The defendant acted upon a sudden quarrel or heat of passion; and
  4. The sudden quarrel or heat of passion resulted from adequate provocation by the person who was killed.

[It is no defense that the defendant was unaware of the risk solely by reason of intoxica­tion.]

“Adequate provocation” means conduct or circumstances sufficient to deprive a reasonable person of self-control. [There must not have been a “cooling off” period between the pro­vocation and the killing. A “cooling off” period is the time it would take a reasonable person to regain self-control under the circumstances.]

If you determine that the defendant is guilty of either second degree murder or manslaughter but you have a reasonable doubt as to which it was, you must find the defendant guilty of manslaughter.

13-1103. Manslaughter; classification

  1. A person commits manslaughter by:
    1. Recklessly causing the death of another person; or
    2. Committing second degree murder as defined in section 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim; or
    3. Intentionally aiding another to commit suicide; or
    4. Committing second degree murder as defined in section 13-1104, subsection A, paragraph 3, while being coerced to do so by the use or threatened immediate use of unlawful deadly physical force upon such person or a third person which a reasonable person in his situation would have been unable to resist; or
    5. Knowingly or recklessly causing the death of an unborn child by any physical injury to the mother.
  2. An offense under subsection A, paragraph 5 of this section applies to an unborn child in the womb at any stage of its development. A person shall not be prosecuted under subsection A, paragraph 5 of this section if any of the following applies:
    1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.
    2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.
    3. The person was the unborn child’s mother.
  3. Manslaughter is a class 2 felony.

Negligent Homicide

The crime of negligent homicide requires proof that the defendant, by criminally negligent conduct, caused the death of another person.

“Criminal negligence” means that the defendant failed to recognize a substantial risk of causing the death of another per­son. The risk must be such that the failure to recognize it is a gross deviation from what a reasonable person would do in the situation.

The distinction between manslaughter and negligent homicide is this: for manslaughter the defendant must have been aware of a substantial risk and consciously disregarded the risk that his conduct would cause death. Negligent homicide only requires that the defendant failed to recognize the risk.

13-1102. Negligent homicide; classification

  1. A person commits negligent homicide if with criminal negligence the person causes the death of another person, including an unborn child.
  2. An offense under this section applies to an unborn child in the womb at any stage of its development. A person may not be prosecuted under this section if any of the following applies:
    1. The person was performing an abortion for which the consent of the pregnant woman, or a person authorized by law to act on the pregnant woman’s behalf, has been obtained or for which the consent was implied or authorized by law.
    2. The person was performing medical treatment on the pregnant woman or the pregnant woman’s unborn child.
    3. The person was the unborn child’s mother.
  3. Negligent homicide is a class 4 felony.

Unlawful Discharging a Firearm in City Limits

13-3107. Unlawful discharge of firearms; exceptions; classification; definitions

  1. A person who with criminal negligence discharges a firearm within or into the limits of any municipality is guilty of a class 6 felony.
  2. Notwithstanding the fact that the offense involves the discharge of a deadly weapon, unless a dangerous offense is alleged and proven pursuant to section 13-704, subsection L, section 13-604 applies to this offense.
  3. This section does not apply if the firearm is discharged:
    1. As allowed pursuant to chapter 4 of this title.
    2. On a properly supervised range.
    3. In an area recommended as a hunting area by the Arizona game and fish department, approved and posted as required by the chief of police, but any such area may be closed when deemed unsafe by the chief of police or the director of the Arizona game and fish department.
    4. For the control of nuisance wildlife by permit from the Arizona game and fish department or the United States fish and wildlife service.
    5. By special permit of the chief of police of the municipality.
    6. As required by an animal control officer in the performance of duties as specified in section 9-499.04.
    7. Using blanks.
    8. More than one mile from any occupied structure as defined in section 13-3101.
    9. In self-defense or defense of another person against an animal attack if a reasonable person would believe that deadly physical force against the animal is immediately necessary and reasonable under the circumstances to protect oneself or the other person.
  • For the purposes of this section:
  1. “Municipality” means any city or town and includes any property that is fully enclosed within the city or town.
  • “Properly supervised range” means a range that is any of the following:
  1. Operated by a club affiliated with the national rifle association of America, the amateur trapshooting association, the national skeet association or any other nationally recognized shooting organization, or by any public or private school.
  2. Approved by any agency of the federal government, this state or a county or city within which the range is located.
  3. Operated with adult supervision for shooting air or carbon dioxide gas operated guns, or for shooting in underground ranges on private or public property.

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