{"id":375320,"date":"2016-03-31T21:36:07","date_gmt":"2016-04-01T02:36:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-second-degree-murder-laws.html"},"modified":"2025-07-18T14:08:26","modified_gmt":"2025-07-18T19:08:26","slug":"new-york-second-degree-murder-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-second-degree-murder-laws.html","title":{"rendered":"New York Second-Degree Murder Laws"},"content":{"rendered":"\n
\n \n
\n

New York Second-Degree Murder Laws<\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\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

Under New York law, there are several types of homicide. These are cases involving the intentional death of a person. Homicide offenses<\/a> include first-degree murder, manslaughter, and criminally negligent homicide. Second-degree murder covers a killing that occurs without planning or intent.<\/blockquote>\r\n

The primary difference between second-degree murder and murder in the first degree<\/a> has to do with the killer’s intent. In a first-degree murder case, the defendant meant to kill the victim. With second-degree murder, the offender simply intended to commit an underlying felony, which led to the taking of a human life.<\/p>\r\n

This article explains how New York\u2019s second-degree murder laws<\/a> work, including the possible criminal penalties for those who are convicted. We’ve also included links to other FindLaw articles on related subjects at the bottom of the page.<\/p>\r\n

New York Penal Law’s Definition of Second-Degree Murder<\/b><\/h2>\r\n

While not as severe as first-degree murder, second-degree murder is still a serious crime in New York State. Under NY Penal Law, second-degree murder<\/a> can occur in one of five ways:<\/p>\r\n