Murder
(b)(1) Intentionally or knowingly causes the death of an individual; OR (b)(2) intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR (b)(3) commits/attempts a felony (other than manslaughter) and in furtherance commits an act clearly dangerous to human life that causes death (felony murder).
To prove this offense, the State must establish each of the following elements: (b)(1) Intentionally or knowingly causes death of an individual; OR; (b)(2) Intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR; (b)(3) Commits/attempts a felony (other than manslaughter) and in furtherance commits an act clearly dangerous to human life that causes death.
The base classification is 1st degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- (b)(1) Intentionally or knowingly causes death of an individual; OR
- (b)(2) Intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR
- (b)(3) Commits/attempts a felony (other than manslaughter) and in furtherance commits an act clearly dangerous to human life that causes death
(b)(1) Intentionally or knowingly causes the death of an individual; OR (b)(2) intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR (b)(3) commits/attempts a felony (other than manslaughter) and in furtherance commits an act clearly dangerous to human life that causes death (felony murder).
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Sudden passion arising from adequate cause (defendant's burden at punishment) | Reduced to 2nd degree felony | §19.02(d) |
| Plus §19.03(a) aggravator (peace officer victim, certain felonies, multiple victims, etc.) | Capital Murder | §19.03 |
Practice 2 questions on this topic
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Worked examples
Murder under §19.02(b) is committed when a person:
- Recklessly causes the death of an individual
- Intentionally or knowingly causes the death of an individual; OR intends to cause SBI and commits an act clearly dangerous to human life that causes death; OR commits/attempts a felony (other than manslaughter) and in furtherance commits an act clearly dangerous to human life that causes death (felony murder) Correct
- Causes death by criminal negligence
- Threatens another with imminent serious bodily injury
Two suspects rob a convenience store at gunpoint. As they flee, one suspect intentionally shoots and kills the clerk. Both can be charged with what?
- Aggravated Robbery only
- Felony Murder under §19.02(b)(3) AND Aggravated Robbery; the shooter likely faces Capital Murder under §19.03(a)(2) Correct
- Manslaughter only
- Criminally Negligent Homicide