1.9. Murder

• A person who, with intent, malice aforethought, and premeditation, takes the life of another.

• A person who commits murder while engaging in a felony offense that has been proven to be a premeditated act.

• First Degree Murder is defined clearly by a person’s premeditated forethought or plan to commit the murder. Manslaughter happens in a heat of passion, by criminal negligence or accident, or for some other incident that is not expected. The only exception to this is when someone commits a planned felony, such as planning to commit an arson. If someone dies as a result of the premeditated arson, it is no longer manslaughter and instead murder.

- Penal Code 1.9 is a felony punishable by no more than 90 months imprisonment and no more than $1000 in fines. This falls under Officer Discretion.