MODEL PENAL CODE ANNOTATED



 

DISTRICT OF COLUMBIA CODE
TITLE 22 CRIMINAL OFFENSES

§ 22-2401. Murder in the first degree - Purposeful killing; killing while perpetrating certain crimes.

 Whoever, being of sound memory and discretion, kills another purposely, either of deliberate and premeditated malice or by means of poison, or in perpetrating or attempting to perpetrate an offense punishable by imprisonment in the penitentiary, or without purpose to do so kills another in perpetrating or in attempting to perpetrate any arson, as defined in § 22-401 or § 22-402, first degree sexual abuse, first degree child sexual abuse, first degree cruelty to children, mayhem, robbery, or kidnaping, or in perpetrating or attempting to perpetrate any housebreaking while armed with or using a dangerous weapon, or in perpetrating or attempting to perpetrate a felony involving a controlled substance, is guilty of murder in the first degree. For purposes of imprisonment following revocation of release authorized by § 24-203.1(b)(7), murder in the first degree is a Class A felony.
 

§ 22-2402. Same - Placing obstructions upon or displacement of railroads.

 Whoever maliciously places an obstruction upon a railroad or street railroad, or displaces or injures anything appertaining thereto, or does any other act with intent to endanger the passage of any locomotive or car, and thereby occasions the death of another, is guilty of murder in the first degree. For purposes of imprisonment following revocation of release authorized by § 24-203.1(b)(7), murder in the first degree is a Class A felony.
 

§ 22-2403. Murder in the second degree.

 Whoever with malice aforethought, except as provided in §§ 22-2401, 22-2402, kills another, is guilty of murder in the second degree. For purposes of imprisonment following revocation of release authorized by § 24-203.1(b)(7), murder in the second degree is a Class A felony.
 

§ 22-2404. Penalty for murder in first and second degrees.

 (a)  The punishment for murder in the first degree shall be not less than 30 years nor more than life imprisonment without release, except that the court may impose a prison sentence in excess of 60 years only in accordance with § 22-2404.1 or § 24-203.1(b-2). The prosecution shall notify the defendant in writing at least 30 days prior to trial that it intends to seek a sentence of life imprisonment without release as provided in § 22-2404.1; provided that, no person who was less than 18 years of age at the time the murder was committed shall be sentenced to life imprisonment without release.

 (b)  Notwithstanding any other provision of law, a person convicted of murder in the first degree shall not be released from prison prior to the expiration of 30 years from the date of the commencement of the sentence.

 (c)  Whoever is guilty of murder in the second degree shall be sentenced to a period of incarceration of not more than life, except that the court may impose a prison sentence in excess of 40 years only in accordance with § 24-203.1(b-2).

 (d)  For purposes of imprisonment following revocation of release authorized by § 24-203.1(b)(7), murder in the first degree and murder in the second degree are Class A felonies.
 

§ 22-2405. Penalty for manslaughter.

 Whoever is guilty of manslaughter shall be sentenced to a period of imprisonment not exceeding 30 years.