Consists of an act that creates a high risk of serious injury or death, an act with little or
no social value, defendant intended the act.
Here, there is a high risk of death in fleeing from the police and in fact this did occur.
Moreover, there is no social value in fleeing from the police, especially if you did not
believe you committed a crime. Lastly, it was Chuck’s intention to flee from the police
as it is likely he believed he would be arrested for stealing the guns.
Thus, there is wanton conduct.
Therefore, because there is the requisite malice, Chuck will be liable for murder.
DEFENSES – MISTAKE OF CIVIL LAW
Mistake of civil law will be a defense if the defendant believed they were rightful in doing
Here, the facts indicate that Chuck believed he was helping Burt get back his own guns.
However, from the facts that they broke into the store in the disguise of the early
morning coupled with his fleeing from the scene, it does not appear that Chuck truly
believed he was helping Burt get back his own property.