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This entry was published on 2014-09-22
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SECTION 125.22
Aggravated manslaughter in the first degree
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 125
§ 125.22 Aggravated manslaughter in the first degree.

A person is guilty of aggravated manslaughter in the first degree
when:

1. with intent to cause serious physical injury to a police officer or
peace officer, where such officer was in the course of performing his or
her official duties and the defendant knew or reasonably should have
known that such victim was a police officer or a peace officer, he or
she causes the death of such officer or another police officer or peace
officer; or

2. with intent to cause the death of a police officer or peace
officer, where such officer was in the course of performing his or her
official duties and the defendant knew or reasonably should have known
that such victim was a police officer or peace officer, he or she causes
the death of such officer or another police officer or peace officer
under circumstances which do not constitute murder because he or she
acts under the influence of extreme emotional disturbance, as defined in
paragraph (a) of subdivision one of section 125.25. The fact that
homicide was committed under the influence of extreme emotional
disturbance constitutes a mitigating circumstance reducing murder to
aggravated manslaughter in the first degree or manslaughter in the first
degree and need not be proved in any prosecution initiated under this
subdivision.

Aggravated manslaughter in the first degree is a class B felony.