Legal Definitions - second degree murder

Second degree murder is a type of intentional homicide crime that is less serious than first degree murder. The exact definition of second degree murder varies by jurisdiction, but it is generally defined as murder with malicious intent but not premeditated.

For example, if someone kills another person with the intention of causing serious bodily harm or acts with reckless conduct that shows a lack of concern for human life, it may be considered second degree murder. However, if someone plans and prepares to kill another person, it would be considered first degree murder.

In some cases, second degree murder can occur when a felony is committed, such as burglary, rape, robbery, arson, or kidnapping. The punishment for second degree murder is less severe than that for first degree murder, and capital punishment is not available for a second degree murder conviction.

It is important to note that lack of mens rea, or criminal intent, can be a defense to reduce murder to manslaughter. For example, if someone kills another person in a drunken rage, it may be considered second degree murder because voluntary intoxication cannot reduce the malice crime of murder down to manslaughter.