H.B. 270

1

FELONY MURDER AMENDMENTS
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John E. Swallow
5 AN ACT RELATING TO THE CRIMINAL CODE; AMENDING THE FELONY MURDER
6 STATUTE TO INCLUDE CLANDESTINE LAB OFFENSES AND ESCAPE AS PREDICATE
7 CRIMES IN ESTABLISHING FELONY MURDER RESPONSIBILITY.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 76-5-203, as last amended by Chapters 2 and 90, Laws of Utah 1999
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 76-5-203 is amended to read:
13 76-5-203. Murder.
14 (1) As used in this section, "predicate offense" means:
15 (a) violation of Section 58-37d-4 or 58-37d-5 , Clandestine Drug Lab Act;
16 (b) child abuse, under Subsection 76-5-109 (2)(a), when the victim is younger than 18 years
17 of age;
18 (c) kidnapping under Section 76-5-301 ;
19 (d) child kidnapping under Section 76-5-301.1 ;
20 (e) aggravated kidnapping under Section 76-5-302 ;
21 (f) rape of a child under Section 76-5-402.1 ;
22 (g) object rape of a child under Section 76-5-402.3 ;
23 (h) sodomy upon a child under Section 76-5-403.1 ;
24 (i) forcible sexual abuse under Section 76-5-404 ;
25 (j) sexual abuse of a child or aggravated sexual abuse of a child under Section 76-5-404.1 ;
26 (k) rape under Section 76-5-402 ;
27 (l) object rape under Section 76-5-402.2 ;

28 (m) forcible sodomy under Section 76-5-403 ;
29 (n) aggravated sexual assault under Section 76-5-405 ;
30 (o) arson under Section 76-6-102 ;
31 (p) aggravated arson under Section 76-6-103 ;
32 (q) burglary under Section 76-6-202 ;
33 (r) aggravated burglary under Section 76-6-203 ;
34 (s) robbery under Section 76-6-301 ;
35 (t) aggravated robbery under Section 76-6-302 ; or
36 (u) escape or aggravated escape under Section 76-8-309 .
37 [(1)] (2) Criminal homicide constitutes murder if [the actor]:
38 (a) the actor intentionally or knowingly causes the death of another;
39 (b) intending to cause serious bodily injury to another, the actor commits an act clearly
40 dangerous to human life that causes the death of another;
41 (c) acting under circumstances evidencing a depraved indifference to human life, the actor
42 engages in conduct which creates a grave risk of death to another and thereby causes the death of
43 another;
44 (d) [while] (i) the actor is engaged in the commission, attempted commission, or
45 immediate flight from the commission or attempted commission of [aggravated robbery, robbery,
46 rape, object rape, forcible sodomy, or aggravated sexual assault, aggravated arson, arson,
47 aggravated burglary, burglary, aggravated kidnapping, kidnapping, child kidnapping, rape of a
48 child, object rape of a child, sodomy upon a child, forcible sexual abuse, sexual abuse of a child,
49 aggravated sexual abuse of a child, or child abuse, as defined in Subsection 76-5-109 (2)(a), when
50 the victim is younger than 14 years of age, causes the death of another person other than a party
51 as defined in Section 76-2-202 ;] any predicate offense, or is a party to the predicate offense; and
52 (ii) a person other than a party as defined in Section 76-2-202 is killed in the course of the
53 commission, attempted commission, or immediate flight from the commission or attempted
54 commission of any predicate offense;
55 (e) the actor recklessly causes the death of a peace officer while in the commission or
56 attempted commission of:
57 (i) an assault against a peace officer [as defined in] under Section 76-5-102.4 ; or
58 (ii) interference with a peace officer while making a lawful arrest [as defined in] under

59 Section 76-8-305 if the actor uses force against a peace officer;
60 (f) commits a homicide which would be aggravated murder, but the offense is reduced
61 pursuant to Subsection 76-5-202 (3); or
62 (g) the actor commits aggravated murder, but special mitigation is established under
63 Section 76-5-205.5 .
64 [(2)] (3) Murder is a first degree felony.
65 [(3)] (4) (a) It is an affirmative defense to a charge of murder or attempted murder that the
66 defendant caused the death of another or attempted to cause the death of another:
67 (i) under the influence of extreme emotional distress for which there is a reasonable
68 explanation or excuse; or
69 (ii) under a reasonable belief that the circumstances provided a legal justification or excuse
70 for his conduct although the conduct was not legally justifiable or excusable under the existing
71 circumstances.
72 (b) Under Subsection [(3)] (4)(a)(i) emotional distress does not include:
73 (i) a condition resulting from mental illness as defined in Section 76-2-305 ; or
74 (ii) distress that is substantially caused by the defendant's own conduct.
75 (c) The reasonableness of an explanation or excuse under Subsection [(3)] (4)(a)(i) or the
76 reasonable belief of the actor under Subsection [(3)] (4)(a)(ii) shall be determined from the
77 viewpoint of a reasonable person under the then existing circumstances.
78 (d) This affirmative defense reduces charges only as follows:
79 (i) murder to manslaughter; and
80 (ii) attempted murder to attempted manslaughter.




Legislative Review Note
as of 1-25-00 1:54 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel