IN IJA 3.0140. Murder—Felony Murder.

IN IJA 3.0140. Murder—Felony Murder.

State: Indiana

Indiana Judges Association (IJA) (2017)

CHAPTER 3 OFFENSES AGAINST THE PERSON

Instruction No. 3.0140. Murder—Felony Murder.

I.C. 35-42-1-1.


The crime of murder is defined by law as follows:

A person who kills another human being while committing or attempting to commit (arson) (burglary) (child molesting) (consumer product tampering) (criminal deviate conduct [under IC 35-42-4-2 before its repeal]) (kidnapping) (rape) (robbery) (human trafficking) (promotion of human trafficking) (sexual trafficking of a minor) (carjacking [before its repeal]) (dealing in or manufacturing cocaine, a narcotic drug, or methamphetamine) (dealing in a Schedule I, II, III, IV, or V controlled substance) commits murder, a felony.

Before you may convict the Defendant, the State must have proved each of the following beyond a reasonable doubt:

1. The Defendant

2. killed

3. (name)

4. while committing or attempting to commit (arson) (burglary) (child molesting) (consumer product tampering) (criminal deviate conduct [under IC 35-42-4-2 before its repeal]) (kidnapping) (rape) (robbery) (human trafficking) (promotion of human trafficking) (sexual trafficking of a minor) (carjacking [before its repeal]) (dealing in or manufacturing cocaine, a narcotic drug, or methamphetamine) (dealing in a Schedule I, II, III, IV, or V controlled substance), which is defined as (set out elements of crime committed or of the attempt to commit the crime).

If the State failed to prove each of these elements beyond a reasonable doubt, you must find the Defendant not guilty of murder, a felony, charged in Count

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