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It is the criminal intent element that basically separates murder from manslaughter. At common law, the criminal intent element of murder was malice aforethought. In modern times, many states and the federal government retain the malice aforethought criminal intent. 1 The Model Penal Code defines murder intent as purposely,knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life (Model Penal Code § 210.2).
An exception to the criminal intent element of murder is felony murder. Most jurisdictions criminalize felony murder, which does not require malice aforethought or the Model Penal Code murder mental states. Felony murder is discussed shortly.
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