What Is Second-Degree Murder?

How Does It Differ From Other Types of Homicide?

In all states, homicide crimes include a range of offenses that can be charged. All statescertain types of homicide as murder, and many states identify different degrees of murder, with the potential penalties for conviction varying based on the seriousness of the charge. What is commonly referred to as “second-degree murder” in some states may be called “manslaughter” in other jurisdictions.

What is second-degree murder? What are the elements of such a charge? How does second-degree murder differ from other types of homicide?

How Is Second-Degree Murder Defined?

When using different degrees of murder, legislatures use lower numbers to refer to the more serious crimes. Accordingly, first-degree murder will always be deemed a greater crime than second-degree murder.

Additionally, while a person may be charged with homicide in some states based on reckless or negligent behavior, most homicide crimes, including second-degree murder, require that the prosecution prove intent to kill. Most states that recognize different degrees of murder have specific statutes that define the elements of each homicide offense. As a general rule, to rise to the level of first-degree murder, the defendant’s actions must show an intent to kill, as well as both premeditation and deliberation.

Second-degree murder involves the killing of another person where there is insufficient evidence to indicate that the defendant planned or thought about the killing in advance. Though the statutory language defining second-degree murder differs from state to state, common fact situations that typically lead to a charge of second-degree murder (or manslaughter) include:

• Homicides committed “in the heat of passion,” typically by persons who are married or in a romantic relationship
• A killing committed as a consequence of an “irresistible impulse,” perhaps during a quarrel
• A homicide caused by actions that exhibit a “reckless disregard for human life” or a “depraved heart,” such as randomly firing a gun when there are other people around

In some situations, a person can be charged with second-degree murder even if they did not have the specific intent to kill. If the behavior was intentional, but reckless, and led to another person’s death, that may be sufficient to be charged with second-degree murder. For example, if you get into a brawl with another person and your blows cause him to fall and strike his head, and he dies as a result, you can be charged with second-degree murder, even if your only intention was to physically assault him and not to cause his death.

How Does Sentencing Differ for Conviction of Second-Degree Murder?

Because it’s a lesser offense, the penalties for second-degree murder are almost always less than for first-degree murder. Sentencing varies depending on the jurisdiction but, as a general rule, it can range from less than a year in prison to life in prison. You cannot face the death penalty for second-degree murder.