125.22 - Aggravated manslaughter in the first degree.

§ 125.22 Aggravated manslaughter in the first degree.    A  person  is  guilty  of  aggravated manslaughter in the first degree  when:    1. with intent to cause serious physical injury to a police officer or  peace officer, where such officer was in the course of performing his or  her official duties and the defendant knew  or  reasonably  should  have  known  that  such  victim was a police officer or a peace officer, he or  she causes the death of such officer or another police officer or  peace  officer; or    2.  with  intent  to  cause  the  death  of  a police officer or peace  officer, where such officer was in the course of performing his  or  her  official  duties  and the defendant knew or reasonably should have known  that such victim was a police officer or peace officer, he or she causes  the death of such officer or another police  officer  or  peace  officer  under  circumstances  which  do  not constitute murder because he or she  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  aggravated manslaughter in the first degree or manslaughter in the first  degree  and  need  not be proved in any prosecution initiated under this  subdivision.    Aggravated manslaughter in the first degree is a class B felony.