Second-Degree Murder Laws
While it is less severe than first-degree murder, second-degree murder is one of the most serious crimes with which a suspect may be charged. Penalties vary widely among states, but a conviction could lead to a long term of imprisonment. However, a person charged with second-degree murder may be able to raise certain defenses depending on their circumstances.
What Is Second-Degree Murder?
Second-degree murder is generally a homicide committed with intent or extreme recklessness. Sometimes it also may involve a death that occurs during another felony.
What Is the Difference Between First-Degree and Second-Degree Murder?
First-degree murder usually requires some form of premeditation, which means that the defendant had time to reflect before killing the victim. In contrast, second-degree murder often involves intent but not premeditation. Thus, it is seen as slightly less blameworthy than first-degree murder and tends to carry less harsh penalties. Sometimes second-degree murder doesn't even involve intent but instead an extreme form of recklessness. For deaths that occur during a felony, when the felony murder rule may apply, different states take different approaches to whether this is classified as first-degree or second-degree murder.
Elements of Second-Degree Murder
In general, a prosecutor charging second-degree murder must prove that the defendant caused an unlawful killing of another person. The prosecutor usually also must prove that the defendant had a certain state of mind. Second-degree murder statutes often specify at least one of three mental states involving intent or extreme recklessness. (The law traditionally described these mental states as "malice aforethought.")
First, a defendant might face a second-degree murder charge if they intended to kill but lacked the premeditation usually required for first-degree murder. A defendant also might face this charge if they intended to cause serious bodily harm, even if they did not intend to kill. Finally, second-degree murder may include a situation in which the defendant acted so recklessly that their behavior showed an extreme indifference to human life. Laws sometimes refer to this mental state as a “depraved heart” or an “abandoned and malignant heart.”
The Role of Intent in Second-Degree Murder
As explained above, a second-degree murder charge often requires proof of intent to kill or inflict serious bodily harm. Some cases require proof of a slightly lesser mental state involving extreme recklessness, though. Thus, a prosecutor does not always need to show intent. They also may not need to show intent to kill or inflict serious bodily harm if the charge is brought under the felony murder rule because the death occurred during a felony.
Examples of Second-Degree Murder
Here’s a look at how each of the three mental states commonly associated with second-degree murder might look in a real-world setting.
Intent to kill: Phil and Vern are fans of rival football teams. Vern’s team wins the Super Bowl against Phil’s team. On the next day, Phil sees Vern wearing the jersey of his team. Enraged by the reminder of the loss, Phil pulls out a gun and shoots Vern in the chest, killing him instantly.
Intent to cause serious bodily harm: Phil sees Vern wearing the jersey of his team but does not pull out a gun. Instead, he grabs Vern and starts punching him in the head repeatedly. Phil continues punching Vern even after he falls down. Vern suffers severe brain damage and dies in the hospital soon afterward.
Extreme recklessness: While driving, Phil sees Vern wearing the jersey of his team as he walks down a sidewalk. Phil decides to put a scare into Vern without actually hurting him. Phil floors the gas pedal and drives onto the sidewalk toward Vern, striking and killing another pedestrian in the process.
Famous Cases of Second-Degree Murder
Some second-degree murder cases in recent years have captured headlines due to the involvement of celebrities or important social issues. For example, NFL linebacker Ray Lewis was charged with second-degree murder in 2000 after he got into a fight after the Super Bowl. However, the prosecution dropped these charges, and Lewis pleaded guilty to the much lesser charge of obstruction of justice.
In 2009, music producer Phil Spector was convicted of second-degree murder for his role in the shooting death of actress Lana Clarkson. He was sentenced to 19 years to life in prison and died there in 2021.
Following the incident that triggered the Black Lives Matter movement of the early 2020s, Minneapolis police officer Derek Chauvin was convicted of second-degree murder (among other homicide-related charges) for the death of George Floyd. He was sentenced to 22.5 years in prison and is currently incarcerated at a federal facility.
Be aware that these cases each happened in a different state, so different statutes defining second-degree murder applied in each of them.
Offenses Related to Second-Degree Murder
Some other homicide charges that might arise from events similar to those supporting a second-degree murder charge include:
- First-degree murder: typically an intentional homicide committed with premeditation
- Voluntary manslaughter: killing a person in a “heat of passion” due to a severe provocation
- Involuntary manslaughter: an unintentional homicide, such as a death resulting from negligence or a level of recklessness that does not show a “depraved heart”
- Vehicular homicide: various forms of homicide involving the improper operation of a vehicle (sometimes called vehicular manslaughter)
Defenses to Second-Degree Murder Charges
One of the main defenses to second-degree murder involves self-defense or the defense of others. This generally means that the defendant was justified in killing the victim because they reasonably feared that the victim was about to use deadly force against the defendant or someone else. The law traditionally accepted a self-defense argument only if the defendant could not retreat from the confrontation, but most states have adopted a “stand your ground” rule. This removes the duty to retreat in a place where a person has a legal right to be.
A defendant might have a plausible alibi showing that they could not have committed the crime. Or they might be able to discredit prosecution witnesses, such as someone who claims to have seen the defendant committing the crime. A defendant also might argue that the prosecution cannot prove intent (or a "depraved heart") beyond a reasonable doubt. They might contest causation if a complex sequence of events led to the death. If law enforcement violated their constitutional rights, such as search and seizure protections, this might result in the exclusion of key prosecution evidence and thus prevent a conviction.
In extreme cases, a defendant might use an insanity defense to defeat the charge. Different states have adopted different versions of the insanity defense. One traditional version, known as the M’Naghten Rule, holds that a defendant is not guilty by reason of insanity if their mental illness prevented them from knowing what they were doing, or from knowing that what they were doing was wrong. However, a defendant found not guilty by reason of insanity likely will be confined in a mental health facility rather than being released.
Penalties for Second-Degree Murder
Second-degree murder is a serious felony, and a conviction almost certainly will result in a prison sentence, even if the offender has no criminal history. They may face life imprisonment in some cases. Here are some examples of sentencing ranges:
- Arizona: 10-25 years (16 years presumptive)
- California: Generally 15 years to life
- Colorado: 16-48 years
- Florida: Up to 30 years, or up to life
- Massachusetts: Life imprisonment, but eligible for parole after 15-25 years
- New York: Minimum term of 15-25 years
- Texas: 5-99 years, or life imprisonment (Texas does not distinguish between first-degree and second-degree murder)
Penalties may increase in certain situations, such as if the offender has prior convictions or used a firearm in committing the crime. Meanwhile, a judge might be more inclined to order a sentence toward the lower end of the applicable range if the offender does not have a criminal record, has positively contributed to the community, seems to sincerely regret their actions, seems likely to be "rehabilitated," suffers from a mental illness short of insanity, or has various other extenuating circumstances.
Controversies and Debates Over Second-Degree Murder
Some people have questioned whether second-degree murder should be limited to cases involving intent, rather than extending to extreme forms of recklessness. Also, the application of the felony murder rule has sparked criticism from those who feel that it is outdated and leads to overly harsh results, since a defendant could face second-degree murder penalties even if they didn't personally kill the victim. Stand your ground laws have sparked controversy and debate as well. These allow the use of deadly force in self-defense without requiring the person to retreat if possible. While a majority of states have adopted stand your ground principles through codes or case law, some people continue to feel that these killings should be considered second-degree murder.
