Degrees of murder
Section 125.27 sets out the definition of first degree murder. It is the same as the first type of second degree murder (intentionally causing death), with the addition of one or more of the following factors: the victim was a police or peace officer performing his official duties and the defendant knew or should have known that this was the case, the victim was an employee of a state correctional institution performing official duties and the defendant knew or should have known that this was the case, the defendant was confined in a state correctional facility, the victim was a witness to a crime and the crime was intended to prevent the victim’s testimony in a criminal proceeding, the killing was performed for money, the killing was performed in the course of the defendant’s committing or attempting to commit a felony from a statutory list of felonies,6 the defendant causes the death of an additional person or persons, the defendant had already been convicted of murder, the defendant tortured the victim, or the victim was killed in furtherance of an act of terrorism.7 The defendant must have been at least 18 years of age at the time of the killing to be guilty of murder in the first degree. A conviction of murder in the first degree makes a defendant eligible for the death penalty.
Degrees of murder
Section 125.27 sets out the definition of first degree murder. It is the same as the first type of second degree murder (intentionally causing death), with the addition of one or more of the following factors: the victim was a police or peace officer performing his official duties and the defendant knew or should have known that this was the case, the victim was an employee of a state correctional institution performing official duties and the defendant knew or should have known that this was the case, the defendant was confined in a state correctional facility, the victim was a witness to a crime and the crime was intended to prevent the victim’s testimony in a criminal proceeding, the killing was performed for money, the killing was performed in the course of the defendant’s committing or attempting to commit a felony from a statutory list of felonies,6 the defendant causes the death of an additional person or persons, the defendant had already been convicted of murder, the defendant tortured the victim, or the victim was killed in furtherance of an act of terrorism.7 The defendant must have been at least 18 years of age at the time of the killing to be guilty of murder in the first degree. A conviction of murder in the first degree makes a defendant eligible for the death penalty.
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