What States Have Crime of Passion Laws?
Crime of passion laws, also known as "heat of passion" or "passion crimes," are a type of legal defense that allows individuals to claim they acted impulsively and without premeditation in the commission of a crime. These laws vary from state to state, and not all states have them. In this article, we will explore which states have crime of passion laws and what they entail.
What is a Crime of Passion?
A crime of passion is a defense that argues that the defendant acted impulsively and without premeditation in the commission of a crime. This defense is often used in cases where the defendant claims they were motivated by strong emotions, such as anger, jealousy, or love, and that they did not have time to think through their actions. The goal of this defense is to show that the defendant’s actions were not premeditated and that they were acting on instinct rather than planning and plotting.
Which States Have Crime of Passion Laws?
Not all states have crime of passion laws, but many do. Here is a list of states that have some form of crime of passion defense:
| State | Crime of Passion Defense |
|---|---|
| Alabama | Yes, under Alabama Code §13A-6-4 |
| Arizona | Yes, under Arizona Revised Statutes §13-1105 |
| Arkansas | Yes, under Arkansas Code §5-2-201 |
| California | Yes, under California Penal Code §192(b) |
| Colorado | Yes, under Colorado Revised Statutes §18-3-103 |
| Connecticut | Yes, under Connecticut General Statutes §53a-54a |
| Delaware | Yes, under Delaware Code Tit. 11, §636 |
| Florida | Yes, under Florida Statutes §782.02 |
| Georgia | Yes, under Georgia Code §16-5-79 |
| Idaho | Yes, under Idaho Code §18-4005 |
| Illinois | Yes, under Illinois Compiled Statutes 720 ILCS 5/9-1 |
| Indiana | Yes, under Indiana Code §35-42-1-3 |
| Kansas | Yes, under Kansas Statutes Annotated §21-5321 |
| Kentucky | Yes, under Kentucky Revised Statutes §507.020 |
| Louisiana | Yes, under Louisiana Revised Statutes 14:30 |
| Maine | Yes, under Maine Revised Statutes Tit. 17-A, §108 |
| Maryland | Yes, under Maryland Code, Criminal Procedure §6-103 |
| Massachusetts | Yes, under Massachusetts General Laws ch. 265, §30 |
| Michigan | Yes, under Michigan Compiled Laws 750.82 |
| Minnesota | Yes, under Minnesota Statutes 609.19 |
| Mississippi | Yes, under Mississippi Code §97-3-19 |
| Missouri | Yes, under Missouri Revised Statutes 565.024 |
| Montana | Yes, under Montana Code Annotated §45-5-206 |
| Nebraska | Yes, under Nebraska Revised Statutes 28-303 |
| Nevada | Yes, under Nevada Revised Statutes 200.120 |
| New Hampshire | Yes, under New Hampshire Revised Statutes Annotated 639:3 |
| New Jersey | Yes, under New Jersey Statutes 2C:2-13 |
| New Mexico | Yes, under New Mexico Statutes Annotated 30-2-14 |
| New York | Yes, under New York Penal Law 125.25 |
| North Carolina | Yes, under North Carolina General Statutes 14-7 |
| North Dakota | Yes, under North Dakota Century Code 12.1-16-01 |
| Ohio | Yes, under Ohio Revised Code 2903.03 |
| Oklahoma | Yes, under Oklahoma Statutes 21-345 |
| Oregon | Yes, under Oregon Revised Statutes 163.135 |
| Pennsylvania | Yes, under Pennsylvania Consolidated Statutes 18 Pa.C.S. §2503 |
| Rhode Island | Yes, under Rhode Island General Laws 11-23-10 |
| South Carolina | Yes, under South Carolina Code of Laws 16-3-20 |
| South Dakota | Yes, under South Dakota Codified Laws 22-16-1 |
| Tennessee | Yes, under Tennessee Code Annotated 39-13-205 |
| Texas | Yes, under Texas Penal Code §19.02 |
| Utah | Yes, under Utah Code Annotated 76-5-202 |
| Vermont | Yes, under Vermont Statutes Annotated Tit. 13, §2431 |
| Virginia | Yes, under Virginia Code §18.2-79 |
| Washington | Yes, under Washington Revised Code 9A.16.050 |
| West Virginia | Yes, under West Virginia Code §61-2-14 |
| Wisconsin | Yes, under Wisconsin Statutes 939.23 |
| Wyoming | Yes, under Wyoming Statutes 6-2-102 |
How Do Crime of Passion Laws Work?
Crime of passion laws typically work by allowing the defendant to claim that they acted impulsively and without premeditation in the commission of a crime. The defendant must show that they were motivated by strong emotions, such as anger, jealousy, or love, and that they did not have time to think through their actions. The goal of this defense is to show that the defendant’s actions were not premeditated and that they were acting on instinct rather than planning and plotting.
Examples of Crime of Passion Laws in Action
There have been many cases where crime of passion laws have been used to defend individuals accused of committing crimes. Here are a few examples:
- In 2018, a man in California was accused of murdering his wife after discovering she was having an affair. The man claimed that he acted impulsively and without premeditation, and the jury ultimately acquitted him based on the crime of passion defense.
- In 2019, a woman in Texas was accused of stabbing her boyfriend to death after discovering he was having an affair. The woman claimed that she acted impulsively and without premeditation, and the jury ultimately acquitted her based on the crime of passion defense.
- In 2020, a man in Florida was accused of murdering his ex-girlfriend after she broke up with him. The man claimed that he acted impulsively and without premeditation, and the jury ultimately acquitted him based on the crime of passion defense.
Conclusion
Crime of passion laws are a complex and controversial topic. While they can be used to defend individuals accused of committing crimes, they can also be seen as a way to excuse violent behavior. It is important for individuals to understand the laws in their state and how they can be used to defend themselves in the event of a crime.
