Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FOUR CRIMINAL OFFENSES
HOMICIDE–SECOND DEGREE DEPRAVED HEART MURDER AND INVOLUNTARY MANSLAUGHTER (GROSSLY NEGLIGENT ACT AND UNLAWFUL ACT)
MPJI‑Cr 4:17.8

The defendant is charged with the crime of murder. This charge includes second degree murder and involuntary manslaughter.

A

SECOND DEGREE DEPRAVED HEART MURDER

Second degree murder is the killing of another person while acting with an extreme disregard for human life. In order to convict the defendant of second degree murder, the State must prove:

(1) that the defendant caused the death of ( name);

(2) that the defendant’s conduct created a very high degree of risk to the life of ( name); and

(3) that the defendant, conscious of such risk, acted with extreme disregard of the life endangering consequences.

B

INVOLUNTARY MANSLAUGHTER–GROSSLY NEGLIGENT ACT

The defendant is charged with the crime of involuntary manslaughter. In order to convict the defendant of involuntary manslaughter, the State must prove:

(1) that the defendant acted in a grossly negligent manner; and

(2) that this grossly negligent conduct caused the death of ( name).

“Grossly negligent” means that the defendant, while aware of the risk, acted in a manner that created a high risk to, and showed a reckless disregard for, human life.

[If defendant was unaware of the risk due to self-induced intoxication, that unawareness is not a defense.]

C

INVOLUNTARY MANSLAUGHTER–UNLAWFUL ACT

The defendant is charged with the crime of involuntary manslaughter. In order to convict the defendant of involuntary manslaughter, the State must prove:

(1) that [[the defendant] [another participating in the crime with the defendant]] [[committed] [attempted to commit]] a (unlawful act(s));

(2) that [the defendant] [another participating in the crime] killed (name); and

(3) that the act resulting in the death of (name) occurred during the [commission] [attempted commission] [escape from the immediate scene] of the (unlawful act(s)).

Notes on Use

Use this instruction, if the defendant is charged with both second degree depraved heart murder under MD. CODE ANN., CRIMINAL LAW I § 2-204 (2021) (hereinafter CRIM. LAW I or II § ), and common law involuntary manslaughter under CRIM. LAW I § 2-207. If this instruction is given in conjunction with a voluntary manslaughter instruction, the court may wish to add, “However, the State is not required to prove that the defendant intended to harm the victim in any way.”

 

[230610]