What Is Third-Degree Murder?

How Does It Differ From Other Types of Homicide? What Are the Potential Penalties?

In the vast majority of states, there is no criminal offense identified as “third-degree murder.” Only three states—Florida, Pennsylvania, and Minnesota—have laws on their books setting forth the elements and potential penalties for such a homicide offense. In other states, this type of homicide would be charged as manslaughter, negligent homicide, or in some cases, felony-murder.

How do those states that allow a person to be charged with third-degree murder differentiate it from other types of homicide crimes? What are the potential penalties in those states for conviction?

How Is Third-Degree Murder Defined?

Each state with law defining a criminal offense of third-degree murder does so slightly differently:

• Florida: Florida allows a person to be prosecuted for third-degree murder if the person unintentionally causes the death of another person during the commission of a non-violent felony. An accidental killing that relates to the possession or distribution of illegal drugs may also be charged as third-degree murder.
• Minnesota: In Minnesota, a defendant may be charged with third-degree murder for unintentionally causing the death of another person through some dangerous act. The law further requires that the defendant have acted with “a depraved mind and without regard for human life.” Deaths caused in relation to selling, delivering, or administering a Schedule I or Schedule II controlled substance (including heroin, cocaine, ecstasy, Adderall, fentanyl, and OxyContin) may be charged as third-degree murder.
• Pennsylvania: Pennsylvania does not identify specific acts that constitute third degree murder but simply identifies it as all types of murder that are not first-degree or second-degree murder. In Pennsylvania, first-degree murder requires “malice aforethought,” commonly interpreted to mean premeditation and deliberation. Second-degree murder may be charged anytime a person wrongfully kills another in the commission of a felony.

What Are Potential Penalties for Third-Degree Murder?

The maximum sentences that may be imposed for third-degree murder are:

• Fines of $10,000 and incarceration for up to 15 years in Florida
• A $40,000 fine and 25 years of incarceration in Minnesota
• A prison term of 40 years in Pennsylvania

How Does Third-Degree Murder Differ from Manslaughter?

In most states, manslaughter is categorized as either voluntary or involuntary:

• Voluntary manslaughter generally requires the intentional and unlawful killing of another without malice, typically in the heat of an argument or heat of passion. Examples include intentionally causing the death of a spouse or domestic partner after discovering infidelity, or as a result of escalated violence during a fight.
• Involuntary manslaughter is often charged when a person unintentionally, but wrongfully, causes the death of another person, typically by either a reckless act or negligence. A person may be charged with involuntary manslaughter for carelessly using or storing a dangerous weapon that accidentally discharges and kills someone, or for killing someone while driving under the influence of drugs or alcohol.

The fundamental difference between manslaughter and third-degree murder involves the state of mind of the defendant at the time of the crime. Whereas manslaughter may be charged if a person knew that the behavior reasonably put someone else’s life in jeopardy, third-degree murder typically requires malice, a “depraved mind,” or a “wanton disregard for the value of human life.” Manslaughter charges are considered less serious than murder charges and carry lighter sentences.