Homicide, Manslaughter, & Murder

A person is guilty of murder when: 

(a) with the intent to cause the death of another person, he causes the death of such person or of a third person, except that in any prosecution, a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be.  However, nothing contained in this section shall constitute a defense to prosecution for or preclude a conviction of manslaughter in the first degree or any other crime; or

(b) Including but not limited to, the operation of a motor vehicle under circumstances manifesting extreme indifference to human life, he wantonly engages in conduct which creates a grave risk of death to another person and thereby causes the death of another person.

Murder is a capital offense.

Manslaughter 1st degree is defined as having the intent to cause serious physical injury to another person, and causing the death of that person, or that of another person.  The key element for manslaughter is the important words: “the intent to cause serious physical injury.”  In a jury trial, under KRS 507.030(1)(b), Manslaughter 1st degree is usually given as a lesser included offense to intentional murder.  It is a Class B Felony (10-20 years, fines of $1,000-$10,000). 

Manslaughter 2nd is when a person wantonly causes the death of another person, including but not limited to situations where the death results from the person’s: operation of a motor vehicle, leaving a child in a motor vehicle, unlawful distribution for remuneration (money) a Schedule I or Schedule II controlled substance, when the controlled substance is the proximate cause of death.  It is a Class C Felony (5-10 years and fines up to $10,000).

Reckless Homicide occurs when a Defendant recklessly causes the death of another person.  This requires a person’s conduct to grossly deviate from the standard of case that a reasonable person would observe under the same circumstances.  Reckless homicide is a Class D Felony (1-5 years and fines up to $10,000). 

Capital offenses are crimes that are punishable by death.  Murder and kidnapping that results in death are capital offenses in Kentucky.  There are also other ways that a crime may “become” a capital offense with aggravating circumstances.  Capital offenses are punishable by: 

• death, 
• life without parole
• 25 years to life in prison,
• 20-50 years’ imprisonment.