Chapter 199
2008 -- S 2544
Enacted 07/02/08
A N A C T
RELATING
TO CRIMINAL OFFENSES -- HOMICIDE
Introduced
By: Senator Paul V. Jabour
Date
Introduced: February 13, 2008
It is enacted by the General Assembly as
follows:
SECTION 1. Section
11-23-1 of the General Laws in Chapter 11-23 entitled "Homicide"
is hereby amended to read as follows:
11-23-1.
Murder. -- The unlawful killing of a human being with malice
aforethought is
murder. Every murder perpetrated by poison,
lying in wait, or any other kind of willful,
deliberate, malicious, and premeditated killing,
or committed in the perpetration of, or attempt to
perpetrate, any arson or any violation of
sections 11-4-2, 11-4-3, or 11-4-4, rape, any degree of
sexual assault or child molestation, burglary or
breaking and entering, robbery, kidnapping, or
committed during the course of the perpetration,
or attempted perpetration, of felony
manufacture, sale, delivery, or other distribution
of a controlled substance otherwise prohibited
by the provisions of chapter 28 of title 21, or while
resisting arrest by, or under arrest of, any state
trooper or police officer committed against
any law enforcement officer in the performance of his
or her duty or committed against an assistant
attorney general or special assistant attorney general
in the performance of his or her duty, or
perpetrated from a premeditated design unlawfully and
maliciously to effect the death of any human being
other than him or her who is killed, is murder
in the first degree. Any other murder is murder
in the second degree. The degree of murder may
be charged in the indictment or information, and
the jury may find the degree of murder, whether
the murder is charged in the indictment or
information or not, or may find the defendant guilty of
a lesser offense than that charged in the
indictment or information, in accordance with the
provisions of section 12-17-14.
SECTION 2. This
act shall take effect upon passage.
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LC00235
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