Second-Degree Murder is an unlawful killing that is not premeditated and does not constitute first-degree murder. It is defined as an intentional killing that is not premeditated, planned, or committed in a calculated manner. Second-degree murder is usually divided into two categories: felony murder and manslaughter. Felony murder is the act of killing someone during the commission of a felony, such as robbery, arson, rape, or burglary, regardless of intent to kill. In some jurisdictions, a person can be charged with felony murder even if the killing was unintentional. Manslaughter is an unlawful killing that occurs without malice aforethought. It is usually divided into two categories: voluntary manslaughter and involuntary manslaughter. Voluntary manslaughter occurs when a person intentionally causes the death of another person in a sudden heat of passion, such as in a fit of rage or emotional distress. Involuntary manslaughter occurs when a person unintentionally causes the death of another person while engaging in an act that is reckless or negligent. Second-degree murder is a serious crime that is punishable by lengthy prison sentences and sometimes the death sentence, depending on the jurisdiction.
Second-Degree Murder
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FAQ
You fully intend to kill the other person (first-degree murder). You know your actions may result in the death of another (second-degree murder). Your behavior shows you don't care if someone dies because of your actions (voluntary manslaughter). You accidentally cause another person to die (involuntary manslaughter).
Definition: A homicide that is both planned and deliberate. An example of this is a contract killing. Some homicides are automatically considered first-degree murder: The killing of an on-duty police officer or prison employee.
You fully intend to kill the other person (first-degree murder). You know your actions may result in the death of another (second-degree murder). Your behavior shows you don't care if someone dies because of your actions (voluntary manslaughter).
For instance, a wife who hits her husband in the head with a large rock, killing him, may be charged with second-degree murder even if she did not intend to kill him, as she would have known that such a blow to the head could kill him.
First-degree murder is the most severe homicide crime and is always premeditated and carried out with intent. Second-degree murder is carried out with intent but with no premeditation. Finally, third-degree murder is the lowest criminal homicide with no intent to kill and no premeditation.
The difference? A person committing second degree murder, while not premeditated, has full understanding of their actions and kills someone anyway. Manslaughter involves a circumstance that may cause a reasonable person to become emotionally disturbed or considered as a murder fueled by passion or impulse.
Second-degree murder is typically murder with malicious intent but not premeditated. The mens rea of the defendant is intent to kill, intent to inflict serious bodily harm, or act with an abandoned heart (e.g., reckless conduct lacking concern for human life or having a high risk of death).
First-degree murder is the most severe homicide crime and is always premeditated and carried out with intent. Second-degree murder is carried out with intent but with no premeditation. Finally, third-degree murder is the lowest criminal homicide with no intent to kill and no premeditation.