Depraved Heart Murder

Example

A man buys a gun. To test it out, he fires it in his backyard. He takes no precautions to ensure the safety of other people. Instead of firing the gun at a target, he fires it in the direction of other people’s property. One shot tears through a tree branch and hits one of the man’s neighbors, killing him. Although the man didn’t intend to kill the neighbor, he showed a reckless indifference to human life, as he endangered other people’s lives through his reckless conduct. The man can be prosecuted for depraved heart murder.

Case Examples:

• Elements of depraved heart murder: Depraved heart murder entails the “use, attempted use, or threatened use of physical force against the person or property of another.” United States v. Draper, 84 F.4th 797, 800 (9th Cir. 2023).
• Intent in depraved heart murder: “Depraved heart murder does not require any specific intent to kill or injure. Moreover, depraved heart murder must be based on general recklessness; the act on which the charge is based must be dangerous to a number of persons, but not directed at any particular person.” Robinson v. State, 307 Md. 738, 743, 517 A.2d 94, 97 (1986).
• Defense to depraved heart murder: diminished capacity or intoxication is not a defense for depraved heart murder. Sanders v. MDOC, No. 1:08CV7NBBJAD, 2009 WL 3517599, at *5 (N.D. Miss. Oct. 26, 2009).