Which of the following is NOT one of the three crimes that constitute Manslaughter in the First Degree in NY?

• A. Intent under EED
• B. Intent to cause serious bodily injury
• C. Unjustifiable abortional act more than 24 weeks and causes death of mother
• D. Leaving the scene of a crime

Answer: (D)

In New York, manslaughter in the first degree is limited to death caused by three very specific scenarios tied to particular mens rea or acts. The three recognized bases are: an intentional act to cause serious physical injury carried out under an extreme emotional disturbance, an intentional act to cause serious physical injury that results in death under that mental state, and an unjustifiable abortion act after 24 weeks that results in the death of the mother. Leaving the scene of a crime, while it is a serious offense, is not one of these three bases for first-degree manslaughter. It’s a separate offense and does not by itself create a first-degree manslaughter charge. So the item about leaving the scene of a crime does not fit with the three categories, which is why it’s the correct answer.