Murder and Felony Murder

Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.

1. Element 1

   AND — Required

   All required

   The victim is dead and the defendant's conduct or legally attributable participation caused the death under the charged theory.

   Plain language: Prove death, identity, and causation.

2. Element 2

   OR — Alternative

   One charged murder theory

   The State proved one selected statutory theory: premeditated killing; killing during an enumerated felony by the defendant or another participant; or an applicable listed drug-distribution death, including every theory-specific fact.

   Plain language: Use the exact charged theory and matching jury instruction.