Second Degree Murder

Second-Degree Murder: "all other murders"—any murder that is not first-degree.

Typical Categories

  • Intent-to-kill without premeditation and deliberation.
  • Intent to do serious bodily injury (death results).
  • Depraved heart / extreme recklessness — ∆ consciously disregarded a substantial risk to human life under circumstances manifesting extreme indifference (this is more than ordinary recklessness).

Distinguished from Other Offenses

  • vs. First-Degree Murder: lacks the premeditation/deliberation that elevates to first degree.
  • vs. Voluntary Manslaughter: lacks the heat-of-passion / adequate provocation mitigation.
  • vs. Involuntary Manslaughter: requires extreme recklessness (depraved heart), not mere recklessness or criminal negligence.

Depraved-Heart vs. Involuntary Manslaughter

  • Depraved heart: "I know this could kill someone—and I don't care." → second-degree murder.
  • Recklessness: "I know there's a risk, but I underestimate it." → manslaughter (MPC) or sometimes IM.
  • Criminal negligence: "I didn't realize the risk, but I should have." → involuntary manslaughter.