13-1105

13-1105. First degree murder;
classification

A. A person commits first degree murder if:

1. Intending or knowing that the person's conduct will cause death, the person
causes the death of another person, including an unborn child, with premeditation or, as
a result of causing the death of another person with premeditation, causes the death of
an unborn child.

2. Acting either alone or with one or more other persons the person commits or
attempts to commit sexual conduct with a minor under section 13-1405, sexual assault
under section 13-1406, molestation of a child under section 13-1410, terrorism under
section 13-2308.01, marijuana offenses under section 13-3405, subsection A, paragraph 4,
dangerous drug offenses under section 13-3407, subsection A, paragraphs 4 and 7,
narcotics offenses under section 13-3408, subsection A, paragraph 7 that equal or exceed
the statutory threshold amount for each offense or combination of offenses, involving or
using minors in drug offenses under section 13-3409, drive by shooting under section
13-1209, kidnapping under section 13-1304, burglary under section 13-1506, 13-1507 or
13-1508, arson under section 13-1703 or 13-1704, robbery under section 13-1902, 13-1903
or 13-1904, escape under section 13-2503 or 13-2504, child abuse under section 13-3623,
subsection A, paragraph 1 or unlawful flight from a pursuing law enforcement vehicle
under section 28-622.01 and, in the course of and in furtherance of the offense or
immediate flight from the offense, the person or another person causes the death of any
person.

3. Intending or knowing that the person's conduct will cause death to a law
enforcement officer, the person causes the death of a law enforcement officer who is in
the line of duty.

B. Homicide, as prescribed in subsection A, paragraph 2 of this section, requires
no specific mental state other than what is required for the commission of any of the
enumerated felonies.

C. An offense under subsection A, paragraph 1 of this section applies to an unborn
child in the womb at any stage of its development. A person shall not be prosecuted under
subsection A, paragraph 1 of this section if any of the following applies:

1. The person was performing an abortion for which the consent of the pregnant
woman, or a person authorized by law to act on the pregnant woman's behalf, has been
obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the
pregnant woman's unborn child.

3. The person was the unborn child's mother.

D. First degree murder is a class 1 felony and is punishable by death or life
imprisonment as provided by sections 13-751 and 13-752.