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this post was submitted on 07 Sep 2023
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She would be responsible for an unsecured firearm and child endangerment, but I don't think they're usually charged with the actual murder (unless it would be a felony murder rule).
But this kid certainly shouldn't be tried as an adult.
In any case, I'd like to back waaaaay up and ask how this kid got access to a loaded gun in the first place.
I think it's more often an involuntary manslaughter charge due to the gross negligence of allowing a child access to a gun. But sometimes it can be counted as murder even if it was unintentional if you were doing something so reckless and stupid you should have realized it would likely result in someone's death. There's an argument to be made that keeping a gun somewhere a child could access it would count.
Just depends on the state. So you have to look at the definitions. State A might have Murder and Manslaughter, State B might have Murder and Negligent Homicide and State C might have Murder-I and Murder-II or first and second degree.
I've seen a bunch where charges will come out of Texas for Assault and people freak out thinking it's being played down despite Texas Assault being the same as Battery in their state. Or Aggravated Assault being the same as Attempted Murder in their state.