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Malice Aforethought Is an Element for Second-Degree Murder and While

Question 27

Multiple Choice

Malice aforethought is an element for second-degree murder and while there is no one definition,the term malice can arise out of four circumstances.Which of the following is a circumstances that a court has held that a killing is malicious:


A) if the perpetrator acts without the specific intent to kill
B) where the perpetrator has the specific intent to inflict serious bodily harm
C) the act is done with disregard of an unreasonable human risk even if there is not actual intent to kill or injure
D) a killing occurred in the course of the intentional commission of a misdemeanor

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