Note that some of this entry will refer to Pennsylvania law and other parts will refer to New York law. This depends on where the crimes of this episode take place.
The premiere of season 5 begins in New York, seconds after we left off in the finale of season 4. The girls are in hiding, especially Alison. “A” is still on the loose because the girls thrive on letting “A” escape. The police arrive at the scene of Ezra’s shooting. Noel shows up right after Ezra got shot; he tells the police that he heard a gun shot and ran up to the roof where he found Ezra already on the ground. Noel’s arrival seems quick for a person allegedly neither aware of nor involved in the chaotic events of the season 4 finale. An ambulance arrives to rush Ezra to the hospital, and the girls stop Aria from approaching Ezra, because that could subject her to a long night of police questioning.
The girls devise a brilliant plan based on Spencer and Alison’s vast, historical knowledge. They decide, once again, that it’s best to split up. It’s worked so well for them in the past, so why not? Part of the plan involves Hanna calling the police informing them that the man who was shot is Ezra Fitz and that it didn’t look like an accident. Hanna suggests that the police send someone to the hospital because Ezra might not be safe there.
At the Hastings’ house, Veronica and Melissa discuss Alison; they have differing opinions. Veronica attempts to refrain from judging too quickly; nobody knows what Alison has been through during the past few years. Melissa sympathizes with the family of the other missing girl, the one who’s dead in Alison’s grave. Melissa emphasizes that she really thought it was Alison in that grave. Her tone is odd, like she knows more than she’s letting on. Melissa strongly disapproves of Alison, the walking time bomb, playing dead to her friends and family for all of this time. Melissa starts telling her mother that there’s something she should know, but Peter Hastings gives her a “shut up” look, and the Hastings family notices police lights outside of their house. Their doorbell rings just as they notice the lights.
CeCe escapes from police custody, and Detective Holbrook pays the Hastings a house call to inform them of this. He explains that CeCe knows that Alison was alive and that he thinks CeCe knows where the other PLLs are as well. He suggests that CeCe assaulted Officer Maple in some way and stole his patrol car to escape.
Broken Law # 1 Alert!
18 PA Cons. Stat. § 5121. Escape (in relevant part).
Broken Law |
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(a) Escape.–“A person commits an offense if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period….”(d)
Grading.– (1) “An offense under this section is a felony of the third degree where:
(i) the actor was under arrest for or detained on a charge of felony or following conviction of crime; or(ii) the actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape;…”
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(a) Escape.–“A person commits an offense if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period….”(d) Grading.–
(1) “An offense under this section is a felony of the third degree where:
(i) the actor was under arrest for or detained on a charge of felony or following conviction of crime; or(ii) the actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape;…”
We don’t know exactly how CeCe escaped, but we have enough information to know that she’d get the felony of the third degree.
Additionally, it’s highly likely that she used physical force against Officer Maple, considering that he was found unconscious after CeCe’s escape.
(Potential) Broken Law # 2 Alert!
18 PA Cons. Stat. § 2702. Aggravated assault (in relevant part).
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(a) Offense defined.–“A person is guilty of aggravated assault if he: “…(2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, … enumerated in subsection (c) … while in the performance of duty;(3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, … enumerated in subsection (c), in the performance of duty… …(b) Grading.–“Aggravated assault under subsection (a)(1) and (2) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6) and (7) is a felony of the second degree.(c) “Officers, employees, etc., enumerated.–The officers, agents, employees and other persons referred to in subsection (a) shall be as follows… “Police officer…”
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(a) Offense defined.–“A person is guilty of aggravated assault if he: “…(2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, … enumerated in subsection (c) … while in the performance of duty;(3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, … enumerated in subsection (c), in the performance of duty… …(b) Grading.–“Aggravated assault under subsection (a)(1) and (2) is a felony of the first degree. Aggravated assault under subsection (a)(3), (4), (5), (6) and (7) is a felony of the second degree.(c) “Officers, employees, etc., enumerated.–The officers, agents, employees and other persons referred to in subsection (a) shall be as follows… “Police officer…”
Note that Pennsylvania also has a separate crime “Assault of law enforcement officer,” but that applies when the perpetrator used a firearm during the assault. We don’t have enough information to assume that CeCe did this. Holbrook’s insinuation that CeCe stole Officer Maple’s car, drives us to:
(Potential) Broken Law # 3 Alert!
18 PA Cons. Stat. § 3921. Theft by unlawful taking or disposition (in relevant part).
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“(a) Movable property.–“A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with intent to deprive him thereof.”
18 PA Cons. Stat. § 3903. Grading of theft offenses.
(a.1) Felony of the third degree.–“Except as provided in subsection (a) or (a.2), theft constitutes a felony of the third degree if the amount involved exceeds $2,000, or if the property stolen is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle, or in the case of theft by receiving stolen property, if the receiver is in the business of buying or selling stolen property.”
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When Melissa asks Holbrook why he came to their house to tell them about CeCe, he tells her that if CeCe is involved in the girls’ current situation, then Spencer might be in more danger than they initially thought. Holbrook asks the Hastings family if there’s any information they haven’t told him. Melissa steps forward as if she wants to say something, but Peter prevents this.
Broken Law # 4 Alert!
18 PA Cons. Stat. § 5105. Hindering apprehension or prosecution (in relevant part).
(a) Offense defined.–“A person commits an offense if, with intent to hinder the apprehension, prosecution, conviction or punishment of another for crime… he:…(3) conceals or destroys evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence; or…(5) provides false information to a law enforcement officer… …(b) Grading.–“The offense is a felony of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a felony of the first or second degree. Otherwise it is a misdemeanor of the second degree.”
Broken Law |
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(a) Offense defined.–“A person commits an offense if, with intent to hinder the apprehension, prosecution, conviction or punishment of another for crime… he:…(3) conceals or destroys evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence; or…(5) provides false information to a law enforcement officer… …(b) Grading.–“The offense is a felony of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a felony of the first or second degree. Otherwise it is a misdemeanor of the second degree.”
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*Note: We don’t know what secret Melissa and Peter are keeping, but something tells me they’d be looking at the felony of the third degree charge. We will explore this further when we find out the secret.
The girls start orchestrating their plan; Alison and Aria go to the hospital together and Emily, Hanna and Spencer hope to beat them there. Emily expresses her disapproval of their plan. She’s worried because Alison is still a target. Spencer reminds Emily that Alison has years of experience being a target. Mona watches the news about the missing PLLs and the “resurrection” of Alison DiLaurentis. She angrily comments to somebody that “this changes everything.” Mona wanted Alison to stay “dead” forever, not for her to come back to life after two years.
At the hospital, someone strips off a presumably stolen medical outfit to reveal an all black, A-type ensemble. Spencer, Emily and Hanna arrive at the hospital. Aria and Alison ask a hospital employee about Ezra, while the other girls gather in the waiting room. Someone on the hospital’s loudspeaker calls Alison to the emergency room. After the announcement, someone wearing black gloves sends a text message that reads, “It’s happening. Follow the leader.” Alison leaves the hospital, and Aria remains there hoping for news about Ezra.
Alison runs away from the hospital; now that someone broadcasted her location, “A” could show up there any second. The girls (minus Aria) follow closely behind as “A,” or at least someone dressed like “A” (which is not difficult to do), chases Alison. Alison slows down to a walking pace for a brief period of time where it appears that she has lost “A” (as if these girls ever successfully lose “A”). Alison abruptly realizes that she hasn’t lost “A” at all. She and “A” have a staring contest, and they each ignore a perfect opportunity to attack the other. Instead Alison and “A” take the “if looks could kill” approach, ignoring the minor detail that looks cannot, in fact, kill. Alison runs away again and hides at a playground, because “A” would never think to look for her at a dark, eerie, playground complete with creaking noises to set the mood. “A” finds her and, in a creepily disguised voice, asks her if she wants to play. “A” taunts Alison, insisting “it’s over,” but Alison disagrees.
Emily, Hanna and Spencer show up, ready to corner “A” according to their grand scheme. Spencer chides “A” for believing that the girls would let Alison leave the hospital alone. Hanna snidely remarks that the girls paged Alison as part of their ingenious plot to trap “A”; they knew that “A” would go after Alison upon hearing her name at the hospital.
Alison starts spraying “A” with mace, but it turns out she was right when she told “A” that it wasn’t over. Another person dressed like “A” startles and mocks the girls, “Are you sure that’s ‘A’? Maybe I’m ‘A.'” The girls don’t have “A” trapped; they’re surrounded by a bunch of people dressed in the signature “A” uniform (black outfits). The girls’ elaborate plan failed to address the possibility of people besides “A” owning black clothing. The police arrive and demand that everyone disperse. Emily observes that once again, “A” was one step ahead of the girls. Perhaps the girls might consider a different technique; splitting up and running around in the dark never seems to work out in their favor.
We learn that Mona was speaking to Lucas earlier in the episode; Mona finds out that the girls are in New York, not Philadelphia. She tells someone on the phone to “stay on top of it” and explains, “We’re mobilizing.”
Peter and Melissa have a moment alone at their house. Melissa informs her father that she can’t keep their secret anymore and wants to tell Holbrook the truth. Peter warns Melissa against this, because he doesn’t want Veronica knowing what Melissa told him at the police station.
Now that “A” has escaped once again, the girls need somewhere to hide, and Alison knows the perfect place. She takes the girls to a theater where she used to spend time with Ezra. We see a flashback of Alison and Ezra there, on the night that Alison found out that he was a “rich guy pretending to be poor.” Over the phone, the girls inform Aria that “A” has escaped, and make Aria promise to call them with any updates about Ezra.
After receiving a phone call from someone in the NYPD, Holbrook googles Ezra Fitz and learns that he’s a Fitzgerald. This causes Holbrook to put on his detective thinking cap, and he finds a website for the theater where Alison brought the PLLs. The girls talk about a TV show that Alison has never heard of because she’s been too busy running away from crazy murderers. Alison excuses herself to make phone calls to friends who have helped her that would be worried about the police finding out that she’s alive. The girls, especially Emily, become frustrated that Alison is still keeping secrets from them.
Shana shows up at the hospital claiming that Alison sent her to check on, and stay with Aria. Aria doesn’t want Shana’s company, but Shana insists that she promised that she’d stay there. Shana comments that Aria looks exhausted and she offers to wake Aria up if there’s any news about Ezra. When Aria falls asleep, Shana covers her with a coat and then slips away.
Somebody shows up while the girls are sleeping and covers Alison’s mouth with a black glove. Alison meets up with Noel and CeCe; CeCe needs Alison’s help in the form of her fake passport. Alison gives the passport to CeCe and CeCe is incredibly grateful. Alison worries that she might never see CeCe again, but CeCe reminds her that they always make their way back to each other. Noel wants the girls to kiss, but they’re dealing with more serious issues than entertaining Noel Kahn.
Broken Law # 5 Alert!
NY PEN LAW § 170.10 Forgery in the second degree (in relevant part).
“A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1. …instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or… 2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant;…Forgery in the second degree is a class D felony.”
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“A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed: 1. …instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or… 2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant;…Forgery in the second degree is a class D felony.”
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It’s important to mention that in addition to violating state law, Ali, CeCe, and Noel by association are breaking federal law.
Broken Law # 6 Alert!
18 U.S. Code § 1543 – Forgery or false use of passport (in relevant part).
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“Whoever falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or Whoever willfully and knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same— Shall be fined under this title, imprisoned not more than…10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime),…
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“Whoever falsely makes, forges, counterfeits, mutilates, or alters any passport or instrument purporting to be a passport, with intent that the same may be used; or Whoever willfully and knowingly uses, or attempts to use, or furnishes to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same— Shall be fined under this title, imprisoned not more than…10 years (in the case of the first or second such offense, if the offense was not committed to facilitate such an act of international terrorism or a drug trafficking crime),…
See my entry on Revenge (broken laws 10 and 11) for more examples of this.
We also can’t ignore the fact that Alison and Noel are knowingly helping CeCe leave the country when they’re aware that she murdered Detective Wilden.
Broken Law # 7 Alert!
NY Pen Law § 205.50 Hindering prosecution; definition of term (in relevant part).
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“… A person ‘renders criminal assistance’ when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime, or with intent to assist a person in profiting or benefiting from the commission of a crime, he: 1. Harbors or conceals such person; or 2. Warns such person of impending discovery or apprehension; or 3. Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension…” Because of the gravity of CeCe’s offense, Noel and Ali would likely be guilty of Hindering Prosecution in the first degree: NY Pen Law § 205.65 Hindering prosecution in the first degree. “A person is guilty of hindering prosecution in the first degree when he renders criminal assistance to a person who has committed a class A felony, knowing or believing that such person has engaged in conduct constituting a class A felony..Hindering prosecution in the first degree is a class D felony.
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“… A person ‘renders criminal assistance’ when, with intent to prevent, hinder or delay the discovery or apprehension of, or the lodging of a criminal charge against, a person who he knows or believes has committed a crime or is being sought by law enforcement officials for the commission of a crime, or with intent to assist a person in profiting or benefiting from the commission of a crime, he: 1. Harbors or conceals such person; or 2. Warns such person of impending discovery or apprehension; or 3. Provides such person with money, transportation, weapon, disguise or other means of avoiding discovery or apprehension…” Because of the gravity of CeCe’s offense, Noel and Ali would likely be guilty of Hindering Prosecution in the first degree: NY Pen Law § 205.65 Hindering prosecution in the first degree. “A person is guilty of hindering prosecution in the first degree when he renders criminal assistance to a person who has committed a class A felony, knowing or believing that such person has engaged in conduct constituting a class A felony..Hindering prosecution in the first degree is a class D felony.
At the hospital, Aria wakes up to find Shana with Ezra in the recovery room. Shana didn’t tell Aria that Ezra had woken up. Ezra and Shana give each other weird looks, then Ezra looks like he’s trying to tell Aria something, but then his health worsens and machines in his room start beeping. Aria is rushed out of the room before she can find out what Ezra wanted to say.
Alison returns to the theater, and Emily is waiting up for her. Emily demands to know where Alison went, and Alison begs Emily not to wake up the other girls. Alison fills Emily in on what just happened with CeCe; she explains that CeCe killed a cop and needs to escape even more than Alison does. Alison suggests that if she has to, she’ll take the blame for killing Wilden to cover for CeCe. Alison and Emily don’t tell the other girls about this. I thought friends were supposed to share secrets, Alison!
In her conversation with Emily, Alison confirms that CeCe did, in fact, kill Detective Wilden.
Broken Law # 8 Alert! (From previous episodes of PLL)
Assuming (for now) that CeCe had full intent to kill Wilden at the time of the crime, she would be guilty of:
18 PA Cons. Stat. § 2507. Criminal homicide of law enforcement officer.
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(a) Murder of a law enforcement officer of the first degree.–A person commits murder of a law enforcement officer of the first degree who intentionally kills a law enforcement officer while in the performance of duty knowing the victim is a law enforcement officer.
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(a) Murder of a law enforcement officer of the first degree.–A person commits murder of a law enforcement officer of the first degree who intentionally kills a law enforcement officer while in the performance of duty knowing the victim is a law enforcement officer.”
Mona has a meeting with a brigade of people who Alison has wronged in the past. Lucas is the first one to arrive, and in PLL fashion, he’s wearing a red coat. It appears that Lucas has been working with Mona; they’re at least on friendly terms. The group reminisces about Alison’s rude nicknames for them. Loser Mona leads the meeting, joined by Lucas AKA Hermie, Paige AKA Pigskin, and various other people wronged by Alison. Paige almost bails on the anti-Ali group (and Mona’s guaranteed protection) when Melissa walks in. This seems to scare Paige into staying.
Aria tries to call the girls at the theater, but the reception is bad, so they tell her to call the landline. Holbrook happens to call the landline before Aria (he found the phone number online). Alison answers the phone and Holbrook recognizes her voice, so Alison quickly hangs up. The girls ignore Aria’s call because Alison is so worried that somebody knows where they are.
The lights go out in the theater and the girls hear scary noises. Shana charges in, dressed in all black and holding a gun. Alison can’t believe that Shana would betray her this way, but it turns out Shana wants justice for Jenna. Shana admits to being the person who locked the girls in the lodge; they were supposed to die in that fire, but Shana thinks the theater will work as a venue for their death.
Broken Law # 9 Alert! (From previous episodes of PLL)
(Shana locking the girls in the lodge)
18 PA Cons. Stat. § 2903. False imprisonment.
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“Offense defined…a person commits a misdemeanor of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.”
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“Offense defined…a person commits a misdemeanor of the second degree if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.”
Shana would also be guilty, for her behavior at the lodge, for attempted murder.
Broken Law # 10 Alert! (From previous episodes of PLL
18 PA Cons. Stat. § 901. Criminal attempt.
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“Definition of attempt.–A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.” 18 PA Cons. Stat. § 905. Grading of criminal attempt, solicitation and conspiracy (in relevant part). (a) Grading.–“Except as otherwise provided in this title, attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted…” 18 Pa Cons. Stat. § 2502. Murder. Depending on the circumstances, this would either likely be attempted murder in the first degree or attempted murder in the second degree. “Murder of the first degree.–A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.” (b) “Murder of the second degree.–A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.”
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“Definition of attempt.–A person commits an attempt when, with intent to commit a specific crime, he does any act which constitutes a substantial step toward the commission of that crime.” 18 PA Cons. Stat. § 905. Grading of criminal attempt, solicitation and conspiracy (in relevant part). (a) Grading.–“Except as otherwise provided in this title, attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted…” 18 Pa Cons. Stat. § 2502. Murder. Depending on the circumstances, this would either likely be attempted murder in the first degree or attempted murder in the second degree. “Murder of the first degree.–A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.” (b) “Murder of the second degree.–A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.”
Note that Shana does NOT admit to being the person who actually set the fire, nor does she admit to be involved in the fire at all. If this does turn out to be the case, we will explore the arson charge that she’d face.
In addition to her past offenses, Shana is also committing crimes in present day, considering that she’s holding the girls at gunpoint.
Broken Law # 11 Alert!
NY PEN Law § 120.14 Menacing in the second degree (in relevant part).
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“A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a…. firearm;… … Menacing in the second degree is a class A misdemeanor.”
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“A person is guilty of menacing in the second degree when:
1. He or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a…. firearm;… … Menacing in the second degree is a class A misdemeanor.”
When Ezra is stable again, Aria goes to his hospital room and he whispers something, presumably about Shana. Aria seems shocked about what Ezra said. Aria shows up at the theater, just in time to save her friends. Aria, in a split second decision, kills Shana when she realizes that Shana is prepared to shoot and kill the girls. Spencer assures Aria that she just “did what she had to,” but Aria’s behavior does not necessarily sit well in terms of the law. Spencer does make a point though, Aria’s actions were in self defense.
Broken Law # 12 Alert!
NY PEN Law § 125.20 Manslaughter in the first degree (in relevant part).
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A person is guilty of manslaughter in the first degree when: 1. With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or 2. With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25. The fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision; …”
Note: The definition to which paragraph 2 refers for “extreme emotional disturbance” is: The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be.”
Note on Self Defense: Aria likely wouldn’t end up doing time because of the justification of defense to oneself or defense to others. NY PEN Law § 35.15 Justification; use of physical force in defense of a person (in relevant part). “1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person…” and “A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating;…” Here, it’s highly unlikely that the girls could have retreated safely, making the “duty to retreat” inapplicable to this situation. Note on Pennsylvania law: Had the girls been governed by Pennsylvania law, Aria’s actions would likely constitute “third degree murder,” because the manslaughter and murder definitions differ slightly from those of New York. She would still be justified by self defense.”
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A person is guilty of manslaughter in the first degree when: 1. With intent to cause serious physical injury to another person, he causes the death of such person or of a third person; or 2. With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in paragraph (a) of subdivision one of section 125.25. The fact that homicide was committed under the influence of extreme emotional disturbance constitutes a mitigating circumstance reducing murder to manslaughter in the first degree and need not be proved in any prosecution initiated under this subdivision; …” Note: The definition to which paragraph 2 refers for “extreme emotional disturbance” is: The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant’s situation under the circumstances as the defendant believed them to be.” Note on Self Defense: Aria likely wouldn’t end up doing time because of the justification of defense to oneself or defense to others. NY PEN Law § 35.15 Justification; use of physical force in defense of a person (in relevant part). “1. A person may, subject to the provisions of subdivision two, use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person…” and “A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating;…” Here, it’s highly unlikely that the girls could have retreated safely, making the “duty to retreat” inapplicable to this situation. Note on Pennsylvania law: Had the girls been governed by Pennsylvania law, Aria’s actions would likely constitute “third degree murder,” because the manslaughter and murder definitions differ slightly from those of New York. She would still be justified by self defense.”
The girls believe that the whole “A” debacle is over because of Shana’s death, but I’d place a bet that they’re wrong about that. Spencer points out that the girls can’t just leave Shana’s dead body there, so she calls the police and reports the “accident.”
*Note: fleeing the scene of a crime generally is considered an ongoing part of the initial crime (here manslaughter). I’m including this because while a lot of people believe that fleeing from a crime scene is a separate crime in itself, under New York law, that’s only true in cases of “escaping custody or detention” or “unlawful fleeing a police officer in a motor vehicle.” Pennsylvania law is similar in this regard, in the event that Pennsylvania law governed. (paraphrased).
At the end of the episode, CeCe gets on a plane to France as “Vivian Darkbloom.” Thanks for reading, and stay tuned for what happens when the girls inevitably realize that it’s not over yet!
Love these recaps! Very entertaining to read.
Thanks :)<br />