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Additional Details
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Additional Details
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ProudKittenOwner
Is this technically called murder?
If you call someone, and they are so surprised you called them, that they start to choke and they die, is it called murder?

If not, what if it was your intention?
Additional Details
Well, like, what if say, it was your ex boy/girlfriend, and you answer, and they're like 'Hey, it's me' and then they are so surprised they suck in all the air, while eating a corn chip, and it lodges in their throat, and they die . . . . . . and you don't call the police. Is that murder???? That's what I'm saying, not if the phone rings and it surprises them.

And no, this did NOT happen to me. I was just talking about some stuff with my friend, and this just. . . . came up.



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PinkHighHeels
if it was your intention then yes. it's called attempted murder.

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Isabel
Rating
If it was your intention yes. If it wasn't I you didn't know, then how will you know they chocked and die? Exactly see my point.

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MartianBeerPig
Rating
Ordinarily, no. It's not even manslaughter. Just an accident.

If it was your intention, then it is murder.

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howedude
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no i think that would be called manslaughter. because the death was in the moment and there was no pre - thought or planning to it, it would be murder if you planned to surprise them and make them choke.

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mitzibaby911
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As a general rule, if you intended to kill them, and they could prove it, it would be murder. If it was unintentional, it would be manslaughter.

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bb
Rating
its called accidental manslaughter but they would never catch you he he

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NParbs
not a murder un less it is intended

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Lauren
If you didn't physically do something that resulted in them choking such as lodging something in their throat, or strangling them, then no.

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Klaubs
Rating
The closest you could call it would be manslaughter, some dying from an unintentional action on your part.

It would be hard to setup the chain of causation though, you calling someone (while they are eating something that they could choke on) that it causes so much surprise that they choke and die, and you expecting that to happen...

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JA
not. The phone was ringing, so the phone caused the death of that person. Depending on the judge, you might be charged for manslaughter, but not murder. If you did it with intention, then yes, it was murder. The murder tool was the phone ringing. Hope this clears it up

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Sauce
Rating
hahahaha... that's a funny scenario. They should put that on Law & Order or something. It would be an accidental death if anything. If it was the person's intention, it would still probably be the same thing. How the dick do you kill someone over the phone?

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Momo Mercedes
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I would think not, but if they can prove you were talking to that person, time of death, it may be considered accessory to murder or unintentional murder. But if they choked it would probably be deemed natural death.

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STH
Rating
I don't know man, but it sounds like a case for a TV detective!

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grlgeorge
how could anyone prove it was your intention to shock them into choking to death?

unless of course, they read this.

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Miss anonymous(:
what?? that's not a murder!!

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Devon Heartison
Rating
For an act to be a crime you have to have intent. I suppose a tough enough jury and prosecutor could get you for involuntary man slaughter, but it's extremely unlikely I would say. In a nut shell, no.

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THE Cupid HATER
Rating
More like accidental death, very hard to prove intent in this case.
How does someone know that they will have that kind of reaction from a mere phone call!

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Meowzer
If you didn't mean to then probably not. You should call 911 for them. Then there's the proof which no one's going to find any I think. If it was your intention then yes unless they claim you are innocent or you say you are guilty. I'm not sure.

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Sharan
Rating
i dont think so but did this happen to you

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toto_lacoste
Rating
No. The crime of murder requires two elements: intention to commit harm and an act which any reasonable person would conclude would place the victim in danger or serious injury or death. Mens rea, and actus reus, in Latin.

Calling someone on the phone would not, I believe, meet either criteria. Nor would a prosecutor be able under most circumstances to convince a jury that you "knew" that a ringing telephone would cause death.

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Get In Line
Rating
No...unless you knew they'd choke to death if you called them...it's nothing more than a case of accidental death on the part of the 'victim'.

YOUR intention was the phone call...nothing more.

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Aerin
Rating
No that's not murder but you should hang up and call 911 for them at least, if you had some magical powers and could cause soemone to choke by talking to them your just a freak and I'm sure Karma will catch up to you one day

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Dino Eater
Rating
O_O
What did you do!?

-Shudders-

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Hooker Stabber
Rating
No, even if you intended for that to happen.

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EV
Rating
thats tough. there are two things to prove Acteus Reas (guilty act) and Mens Rea (guilty mind).

As far as the acteus reas you did cause them to die so you did commit an act of murder. but you have no mens rea unless you called knowing they would be suprised and had a weak heart condition and you wanted to kill that person is that specific way.

basically you wouldn't be found guilty and that would not be an act of murder because it was not your intent to kill.

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Momina
wtf??
what kinda question is that?????

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Joecracker
Rating
Please dont call me

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Someone Else
no that would be an accident

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