{"id":372212,"date":"2016-03-31T21:34:47","date_gmt":"2016-04-01T02:34:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/criminal-laws\/second-degree-murder.html"},"modified":"2026-04-07T16:29:11","modified_gmt":"2026-04-07T21:29:11","slug":"second-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/criminal-laws\/second-degree-murder.html","title":{"rendered":"State Second-Degree Murder Laws"},"content":{"rendered":"\n
\n
\n
\n \n State Second-Degree Murder Laws\n <\/h1>\n \n Learn about your state’s laws by using the links below.\n <\/p>\n <\/div>\n<\/div>\n\n\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

Most states divide murder charges into levels, such as first-degree murder<\/span> and second-degree murder<\/span>. However, some states don\u2019t recognize different degrees or levels of murder. Others use different terms for second-degree murder<\/span>.<\/p>\n

This article examines the basics of second-degree murder<\/span> and some of the variations across states. Choose a state from the list below for state-specific second-degree <\/span>murder<\/span> laws<\/span>. These pages provide in-depth overviews of select states’ second-degree murder<\/span> offenses, including definitions, penalties, and defenses<\/a>.<\/p>\n

Overview of Second-Degree Murder<\/span><\/h2>\n

When someone takes a human life<\/span>, they should expect to face serious criminal charges<\/a>. Regardless of where you live, each state has specific laws regarding murder. Most states divide the crime of murder into first-degree and second-degree murder<\/span>.<\/p>\n

Some states treat homicide<\/a> as either murder or manslaughter. Other states divide murder into either murder or aggravated murder. It all depends by jurisdiction.<\/p>\n

In general, first-degree murder<\/span> charges<\/span><\/a> require the state to prove that the defendant planned the crime (deliberation and premeditation<\/span>) and had the specific intent to kill another person. The penalty for first-degree murder<\/span> in most states is life imprisonment<\/span>, life imprisonment<\/span> without the possibility of <\/span>parole<\/span><\/a>, or death in states that still have the death penalty<\/span>.<\/p>\n

Second-degree murder<\/span> is similar to first-degree murder<\/span> in that it requires malice, but it usually lacks the premeditation<\/span> and deliberation required for first-degree murder<\/span>. The malice in second-degree murder<\/span> is often implied malice, demonstrated through extreme recklessness or depraved indifference to human life<\/span>. To prove this crime, the state does not have to prove that the defendant specifically intended to cause death or serious bodily injury<\/span>. They must only prove that the defendant caused the death of another person<\/span> and that they did so recklessly, as the result of heat of passion<\/span>, or by impulse.<\/p>\n

Some States Treat Felony Murder<\/span> as Second-Degree Murder<\/span><\/h3>\n

The felony murder<\/span> rule<\/span> states that anybody who kills another person during the commission or attempt to commit a violent crime<\/span><\/a> is guilty of murder. A handful of states, such as Hawaii and Michigan, do not follow the felony murder<\/span> rule<\/span>.<\/p>\n

Most state laws that apply the rule treat felony murder<\/span> as first-degree murder<\/span><\/a>. For example, in Illinois, anybody who causes the death of another person<\/span> while committing a felony will face first-degree murder<\/span> charges<\/span>. This is the case in most states.<\/p>\n

There are some states, however, that classify felony murder<\/span><\/a> as murder in the second degree. In Georgia, anybody who kills a child as a result of child abuse will face second-degree murder<\/span> charges<\/span>. The same is true in Missouri.<\/p>\n

How Does Second-Degree Murder<\/span> Differ From Manslaughter?<\/h3>\n

While all states have murder laws<\/span>, not every state has specific manslaughter laws. In the states that do recognize this crime, they often divide it into voluntary manslaughter<\/span><\/a> and involuntary manslaughter<\/span>. Because there can be a fine line between a manslaughter case and a second-degree <\/span>murder<\/span> case<\/span>, it\u2019s worth taking a look at the differences between the two crimes.<\/p>\n

Most states define second-degree murder<\/span><\/a> as an intentional killing<\/span> without premeditation<\/span>. A fair number of second-degree <\/span>murder<\/span> cases<\/span> involve a defendant who intended to cause death or serious bodily harm<\/span> to the victim.<\/p>\n

Manslaughter, on the other hand, involves a defendant who causes the death of another person<\/span> without premeditation<\/span><\/a> or malice. Most states divide this crime into voluntary and involuntary manslaughter<\/span>.<\/p>\n

A person faces voluntary manslaughter<\/span><\/a> charges when they commit an unlawful killing of another human being without malice after either adequate provocation or under the heat of passion<\/span>. Involuntary manslaughter<\/span> occurs when someone unintentionally causes the death of another person<\/span> due to criminal negligence, recklessness, or DUI<\/span>.<\/p>\n

The penalties for second-degree murder<\/span> and manslaughter differ as well. The penalty for second-degree murder<\/span> in most states is typically 15 years to life. Some states impose lighter sentences<\/a> for people guilty of second-degree murder<\/span>.<\/p>\n

California law<\/span><\/a> imposes a prison sentence<\/span> of 15 years to life for a second-degree <\/span>murder<\/span> conviction<\/span>. The California Penal Code<\/span> increases the minimum sentence for this crime to 20 years in state prison<\/span> if the defendant engaged in the killing of another person<\/span> while shooting a firearm from a motor vehicle<\/span> (drive-by shooting<\/span>). California\u2019s second-degree murder<\/span> statute goes a step further and imposes a sentence of 25 years to life<\/span> for someone who kills a peace officer<\/span>.<\/p>\n

Defenses to Second-Degree Murder<\/span><\/h2>\n

A defendant in a second-degree <\/span>murder<\/span> case<\/span> has the right to raise a defense to the charges. A strong defense may sway the judge to impose something less than the maximum sentence<\/span>. The same is true for a defendant who introduces mitigating factors<\/span><\/a>.<\/p>\n

Most states recognize the following defenses to a second-degree murder<\/span> charge<\/span>:<\/p>\n