Which factors determine the degree of homicide?

• A. How death occurred; the mental state of the actor; and the state of the victim
• B. The time of day of the crime
• C. The weather on the day
• D. The defendant's income

Answer: (A)

The degree of homicide is determined by the circumstances surrounding the killing. It depends on how death occurred (for example, whether there was premeditation and deliberation, whether death happened during the commission of a specified felony, or whether it resulted from extreme recklessness or depraved indifference), the mental state of the actor (intent to kill versus intent to cause serious harm or reckless disregard for human life), and the victim’s status or characteristics that can elevate the offense in certain contexts. These factors together decide whether the homicide is charged as first-degree murder, second-degree murder, or manslaughter. Elements like the time of day, weather, or the defendant’s income do not determine the degree.