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An assault is the act of illegally committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, Assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. In many jurisdictions, assault is defined as an attempt to commit battery, which is the intentional application of physical force against another person. In some jurisdictions, assault is also defined as the intentional infliction of fear, apprehension, or terror. Assault may be punishable by a fine, imprisonment, or even death depending on the severity of the offense.
Burglary, also called breaking and entering and sometimes housebreaking, is the act of illegally entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murder, but most jurisdictions include others within the ambit of burglary. To commit burglary is to burgle, a term back-formed from the word burglar, or to burglarize.
The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder.
Most jurisdictions in the United States of America maintain the felony murder rule. In essence, the felony murder rule states that when an offender kills in the commission of a dangerous or enumerated crime, the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. It means that the common law malice required for murder is "implied as a matter of law for homicides arising from felonies." It is a widely criticized feature of American criminal law. Initially, it was widely believed by scholars that the felony murder rule had originated in England. However, more recent scholarship has argued that it likely originated in America separately from England. Its historic roots have been called "deep but terribly obscure".
In the United States, each state and territory sets the age of consent either by statute or the common law applies, and there are several federal statutes related to protecting minors from sexual predators. Depending on the jurisdiction, the legal age of consent is between 16 and 18. In some places, civil and criminal laws within the same state conflict with each other.
In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, followed by voluntary manslaughter and involuntary manslaughter which are not as serious, followed by reckless homicide and negligent homicide which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.
Murder in Alaska constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Alaska.
Responsibility for criminal law and criminal justice in the United States is shared between the states and the federal government.
Murder in Pennsylvania constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Pennsylvania.
Manslaughter is a crime in the United States. Definitions can vary among jurisdictions, but manslaughter is invariably the act of causing the death of another person in a manner less culpable than murder. Three types of unlawful killings constitute manslaughter. First, there is voluntary manslaughter which is an intentional homicide committed in "sudden heat of passion" as the result of adequate provocation. Second, there is the form of involuntary manslaughter which is an unintentional homicide that was committed in a criminally negligent manner. Finally, there is the form of involuntary manslaughter which is an unintentional homicide that occurred during the commission or attempted commission of an unlawful act which does not amount to a felony.
Murder in Alabama constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Alabama.
Murder in Arizona constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Arizona.
Murder in Arkansas constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Arkansas.
Murder in Florida constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Florida.
Murder in Hawaii constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Hawaii.
Murder in Michigan constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Michigan.
Murder in Oregon constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Oregon.
Murder in South Carolina constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of South Carolina.
Murder in Delaware constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Delaware.
References
- ↑ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- ↑ W.S. 6-2-101(a) (Supp.1993).
- ↑ "Jansen v. State, 892 P.2d 1131, 1138 (1995)" . Retrieved March 5, 2012.
- ↑ "Chapter 2 - Offenses Against The Person :: Title 6 - Crimes And Offenses :: 2010 Wyoming Statutes :: Wyoming Statutes :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. July 1, 2010. Retrieved August 2, 2012.
- This open draft remains in progress as of February 15, 2022.
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