Murder: Malice Aforethought

Malice includes intent to kill, intent to cause serious harm, depraved heart murder, or felony murder.

Related Homicide rules

• Homicide DefinedHomicide is the unlawful killing of a human being by another human being.
• Intent-to-Kill MurderIntentional killing with malice constitutes murder unless mitigated.
• Serious Bodily Injury MurderIntent to inflict serious bodily injury that results in death establishes malice murder.
• Depraved Heart MurderExtreme recklessness demonstrating indifference to human life constitutes depraved heart murder.
• Felony Murder RuleFelony murder applies when a killing occurs during the commission or attempted commission of an inherently dangerous…
• Felony Murder LimitationsFelony murder does not apply when the felony is independent of the homicide or the killing is not in furtherance of…
• First-Degree MurderPremeditated, deliberate killings or murders committed during enumerated felonies constitute first-degree murder.
• Second-Degree MurderKillings with malice that do not meet first-degree requirements are second-degree murder.

Part of Criminal Law on Core Legal Rules — foundational MBE-tested principles with primary-source citations.