Maryland Criminal Pattern Jury Instructions (MSBA)
CHAPTER FOUR CRIMINAL OFFENSES
HOMICIDE–FIRST DEGREE PREMEDITATED MURDER, FIRST DEGREE FELONY MURDER AND SECOND DEGREE SPECIFIC INTENT MURDER
MPJI-Cr 4:17.6

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

A

FIRST DEGREE PREMEDITATED MURDER

First degree murder is the killing of another person with willfulness, deliberation, and premeditation. In order to convict the defendant of first degree murder, the State must prove:

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

(2) that the killing was willful, deliberate, and premeditated.

Willful means that the defendant actually intended to kill (name). Deliberate means that the defendant was conscious of the intent to kill. Premeditated means that the defendant thought about the killing and that there was enough time before the killing, though it may only have been brief, for the defendant to consider the decision whether or not to kill and enough time to weigh the reasons for and against the choice. The premeditated intent to kill must be formed before the killing.

B

FIRST DEGREE FELONY MURDER

The defendant also is charged with the crime of first degree felony murder. In order to convict the defendant of first degree felony murder, the State must prove:

(1) that [the defendant] [another participating in the crime with the defendant] [committed] [attempted to commit] a (felony[ies]);

(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 (felony[ies]).

Felony murder does not require the State to prove that the defendant intended to kill (name).

C

SECOND DEGREE MURDER

Second degree murder is the killing of another person with either the intent to kill or the intent to inflict such serious bodily harm that death would be the likely result. Second degree murder does not require premeditation or deliberation. In order to convict the defendant of second degree murder, the State must prove:

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

(2) that the defendant engaged in the deadly conduct either with the intent to kill or with the intent to inflict such serious bodily harm that death would be the likely result.

Notes on Use

Use this instruction if the defendant is charged with both first degree premeditated murder and first degree felony murder under MD. CODE ANN., CRIMINAL LAW I § 2-201 (2021) (hereinafter CRIM. LAW I or II § ). Give the instruction(s) for the underlying felony(ies) immediately following this instruction. If the attempt bracket is used, give MPJI-Cr 4:02 (Attempt). If an issue arises under Mumford v. State, 19 Md. App. 640, 313 A.2d 563 (1974), or Campbell v. State, 293 Md. 438, 444 A.2d 1034 (1982) (Homicide–First Degree Felony Murder). If the defendant also is charged with second degree specific intent murder under CRIM. LAW I § 2-204, give portion “C” of this instruction.

 

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