Also known as: depraved-heart · depraved heart murder · depraved-heart murder · depraved heart malice · extreme recklessness
Written by attorneys · grounded in primary & secondary sources — see below
Extreme recklessness manifesting a wanton and willful disregard of an unreasonable risk of death or serious bodily injury. The mental state satisfies the malice aforethought element of common-law murder when the actor subjectively appreciates the extreme danger yet proceeds anyway.
Denise Donovan fires an automatic weapon into the ceiling of a busy bank lobby to intimidate tellers. One ricocheting bullet kills a customer. The extreme risk created by repeated gunfire in an occupied space demonstrates the wanton disregard that establishes depraved-heart malice.
Demetrius Douglas drives at triple the posted limit while fleeing police through a residential neighborhood at dusk. He ignores stop signs and swerves around pedestrians. The resulting collision kills a child. This conduct falls short of the extreme indifference required for depraved-heart murder and instead supports only involuntary manslaughter.
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Daniel Diaz and Darius Dixon stand guard with loaded rifles while accomplices rob a store. Both know the weapons create a high probability of lethal gunfire. When a bystander is killed by a stray shot, their awareness of the extreme risk and continued participation supply the depraved-heart mental state for murder liability.
Depraved-heart murder requires a higher degree of recklessness than involuntary manslaughter. The actor must subjectively appreciate an extreme risk of death or serious injury and proceed anyway, whereas manslaughter covers a gross deviation from the reasonable-person standard that creates a high but lesser risk.
Supporting sources
Firing into a crowd or occupied structure is a classic illustration of the extreme recklessness that satisfies depraved-heart malice when the actor knows of the high risk of death. The mental state turns on subjective awareness of the danger rather than the mere act of shooting.
Supporting sources
An accomplice shares depraved-heart liability when the accomplice participates with awareness of the extreme risk created by the principal's conduct. Carrying a loaded weapon during a robbery while knowing shots are likely to be fired can supply the required reckless indifference.
Supporting sources
…participation in the felony murder is major and the likelihood of killing is so substantial as to raise an inference of extreme recklessness.[^maj-10] This substantial and recent legislative authorization of the death penalty for the crime of felony murder regardless of the absence of a finding of an intent to kill powerfully…