The Manhattan District Attorney’s Office announced shortly before the new year began that a grand jury has voted an indictment in the case of Luigi Mangione, the alleged killer of United Healthcare CEO Brian Thompson. The indictment includes a charge of first-degree murder, which prohibits the intentional killing of another person “in furtherance of an act of terrorism.” (See New York Penal Law § 125.27[1][a] [xiii]).

The relevant definition of “terrorism” in New York’s Penal Law requires that the defendant acted with the intent to “intimidate or coerce a civilian population.” Penal Law § 490.05(1)(A)(i)

(By way of background, under New York law the intentional killing of another person is ordinarily charged as second-degree murder. First- degree murder is charged where the intentional killing is coupled with an aggravating factor specified by the Penal Law, such as killing a police officer, or— as in this case—committing a terrorist act.)

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