12.1-16 Homicide
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<![CDATA[CHAPTER 12.1-16HOMICIDE12.1-16-01. Murder.1.A person is guilty of murder, a class AA felony, if the person:a.Intentionally or knowingly causes the death of another human being;b.Causes the death of another human being under circumstances manifesting<br>extreme indifference to the value of human life; orc.Acting either alone or with one or more other persons, commits or attempts to<br>commit treason, robbery, burglary, kidnapping, felonious restraint, arson, gross<br>sexual imposition, a felony offense against a child under section 12.1-20-03,<br>12.1-27.2-02, 12.1-27.2-03, 12.1-27.2-04, or 14-09-22, or escape and, in the<br>course of and in furtherance of such crime or of immediate flight therefrom, the<br>person or any other participant in the crime causes the death of any person. In<br>any prosecution under this subsection in which the defendant was not the only<br>participant in the underlying crime, it is an affirmative defense that the<br>defendant:(1)Did not commit the homicidal act or in any way solicit, command, induce,<br>procure, counsel, or aid the commission thereof;(2)Was not armed with a firearm, destructive device, dangerous weapon, or<br>other weapon which under the circumstances indicated a readiness to<br>inflict serious bodily injury;(3)Reasonably believed that no other participant was armed with such a<br>weapon; and(4)Reasonably believed that no other participant intended to engage in<br>conduct likely to result in death or serious bodily injury.Subdivisions a and b are inapplicable in the circumstances covered by subsection 2.2.A person is guilty of murder, a class A felony, if the person causes the death of<br>another human being under circumstances which would be class AA felony murder,<br>except that the person causes the death under the influence of extreme emotional<br>disturbance for which there is reasonable excuse.The reasonableness of theexcuse must be determined from the viewpoint of a person in that person's situation<br>under the circumstances as that person believes them to be. An extreme emotional<br>disturbance is excusable, within the meaning of this subsection only, if it is<br>occasioned by substantial provocation, or a serious event, or situation for which the<br>offender was not culpably responsible.12.1-16-02. Manslaughter. A person is guilty of manslaughter, a class B felony, if herecklessly causes the death of another human being.12.1-16-03. Negligent homicide. A person is guilty of a class C felony if he negligentlycauses the death of another human being.12.1-16-04.Assisting the commission of suicide - Causing death by suicide -Penalties.1.Any person who intentionally or knowingly aids, abets, facilitates, solicits, or incites<br>another person to commit suicide, or who provides to, delivers to, procures for, orPage No. 1prescribes for another person any drug or instrument with knowledge that the other<br>person intends to attempt to commit suicide with the drug or instrument is guilty of a<br>class C felony.2.Any person who, through deception, coercion, or duress, willfully causes the death of<br>another person by suicide is guilty of a class AA felony.12.1-16-05. Injunctive relief.1.A claim for relief for an injunction may be maintained against any person who has<br>attempted or will attempt to violate subsection 1 of section 12.1-16-04 by any person<br>who is entitled to inherit from the person who would commit suicide or who is the<br>spouse, parent, child, sibling, or health care provider of such person.2.Any public official with jurisdiction to prosecute or enforce the laws of this state may<br>maintain a claim for relief for an injunction against any present or future violation or<br>attempted violation of subsection 1 of section 12.1-16-04.12.1-16-06. Construction. Sections 12.1-16-04 through 12.1-16-06 do not preclude theuse of medications or procedures necessary to relieve a person's pain or discomfort if the use of<br>the medications or procedures is not intentionally or knowingly prescribed or administered to<br>cause the death of that person.In addition, sections 12.1-16-04 through 12.1-16-06 do notpreclude the withholding or withdrawal of life-prolonging treatment pursuant to state or federal<br>law.12.1-16-07. Civil damages. Any person given standing under subsection 1 of section12.1-16-05, except the health care provider, may maintain a claim for relief for compensatory and<br>punitive damages against any person who violates or attempts to violate section 12.1-16-04.<br>Prior knowledge of or consent to the violation by the plaintiff does not preclude a claim for relief<br>under this section. This section does not preclude any claim under any other provision of law.12.1-16-08.Suspension or revocation of license of health care provider.If theperson who assists in a suicide in violation of section 12.1-16-04 is a person who is licensed,<br>certified, or otherwise authorized by title 43 to administer health care in the ordinary course of<br>business or professional practice, the licensing agency that issued the license or certification to<br>that person may suspend or revoke the license or certification of that person upon receipt of:1.A copy of the record of criminal conviction or plea of guilty to a felony in violation of<br>section 12.1-16-04;2.A copy of the record of a judgment of contempt of court for violating an injunction<br>issued under section 12.1-16-05; or3.A copy of the record of a judgment assessing damages under section 12.1-16-07.Page No. 2Document Outlinechapter 12.1-16 homicide]]>