What is the difference between first degree and second degree manslaughter?

02/01/2007 - Category:Criminal - Pleas - State: KY #1224

Full Question:

What is the difference between first degree and second degree manslaughter?

Answer:

Kentucky Revised Statute: 507.030 MANSLAUGHTER IN THE FIRST DEGREE
(1) A person is guilty of manslaughter in the first degree when: (a) With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or
(b) With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020.

(2) Manslaughter in the first degree is a Class B felony.

Kentucky Revised Statute: 507.040 MANSLAUGHTER IN THE SECOND DEGREE
(1) A person is guilty of manslaughter in the second degree when he wantonly causes the death of another person, including, but not limited to, situations where the death results from the person's:

(a) Operation of a motor vehicle; or
(b) Leaving a child under the age of eight (8) years in a motor vehicle under circumstances which manifest an extreme indifference to human life and which create a grave risk of death to the child, thereby causing the death of the child.

(2) Manslaughter in the second degree is a Class C felony.



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02/01/2007 - Category: Pleas - State: KY #1224

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