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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.
