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bdowling | 4 months ago

Arson is also an inherently dangerous felony, which is why when someone dies because of arson, the arsonist can be charged with murder.

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javier123454321|4 months ago

I'd imagine manslaughter would be more applicable in the situation above.

tialaramex|4 months ago

The requirement for murder is typically: 1) You intended serious harm to a person 2) The person died. So yeah, "I wanted to start a big fire" != "Intent of serious harm". Negligent sure, but that's not enough for Murder.

However many US states have a "felony murder rule" which as I understand it says if you did something that resulted in death, and it was in the course of a felony then it can be tried as murder. Most of them rule out some felonies (felony assault + death => murder is a stupid way to apply such a rule and so is usually ruled out) and some only rule in a handful like rape and prison escapes, but felony arson + death => murder might play.

btilly|4 months ago

The distinction between manslaughter and second degree murder isn't the intent to see someone die, it is the intent to do the possibly lethal thing.