Under New York criminal law, murder in the second degree is one of several forms of homicide, or conduct which causes the death of a person. Other forms of homicide include first-degree murder, manslaughter, criminally negligent homicide, and abortion. Pursuant to the statute, a person commits second-degree murder in one of five ways:
Depraved Indifference and Felony Murder
The second type of second-degree murder listed above - "depraved indifference" murder - is a form of reckless homicide. To convict a defendant for second-degree depraved indifference murder, the prosecution must prove - in addition to the defendant's creation of a "grave risk of death" to another person - two distinct mens reas, or mental states: recklessness, and a "depraved indifference to human life." Convictions for depraved indifference murder have become increasingly rare, and often involve conduct creating danger to a group of people rather than a single individual.
The third type of second-degree murder described above - "felony murder" - may alternatively be classified as a form of first-degree murder, depending on the circumstances surrounding the killing. First-degree felony murder requires the defendant's intent to kill the victim or another non-participant in the crime, while second-degree felony murder requires only the defendant's intent to commit one of the predicate felonies. Also, a person charged with first-degree felony murder must have personally caused the victim's death or commanded another to do so. On the other hand, a person may be convicted of second-degree felony murder for being an accomplice of the actual killer.
New York Second Degree Murder Penalties and Defenses
Below, you'll find a table breaking down the potential penalties for a second degree murder conviction in New York as well as possible defenses to the charge.
|New York Second Degree Murder Statute||Murder in the Second Degree
Penal Code Section 125.25
|Penalties and Sentences||
Murder in the second degree is a class A-I felony. Section 60.06 of the New York Penal Code sets forth the authorized disposition reserved for a specific type of second-degree murder, among other offenses.
The statute specifies that a person convicted of the fifth type of second-degree murder described earlier in this section - causing the death of a person under 14 years old in the course of committing a specified crime such as rape, a criminal sexual act or sexual abuse - will be subject to life imprisonment without parole.
Convictions for any other type of second-degree felony carry a sentence of a 15 to 25-year term in prison.
|Defenses to Second Degree Murder Charges||
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Get A Free Review of Your New York Criminal Case
Prosecutions for murder are high-stakes affairs. A judgment against you can result in years of incarceration and a record that will affect your employability, reputation, and civil rights for the rest of your life. Contact a local attorney for a free case review to begin planning your defense.
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