{"id":376051,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-second-degree-murder-laws.html"},"modified":"2025-07-18T10:58:02","modified_gmt":"2025-07-18T15:58:02","slug":"pennsylvania-second-degree-murder-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-second-degree-murder-laws.html","title":{"rendered":"Pennsylvania Second-Degree Murder Laws"},"content":{"rendered":"\n
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Pennsylvania Second-Degree Murder Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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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
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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

Pennsylvania law recognizes several types of criminal homicide, including murder and manslaughter. The state’s criminal code cites three types of murder<\/a> and two types of manslaughter. These crimes all involve a defendant who takes the life of another human being.<\/blockquote>\r\n

Sometimes, a murder case involves the intentional killing of another person. In other cases, the death is the result of the defendant\u2019s negligence or reckless conduct.<\/p>\r\n

This article examines Pennsylvania\u2019s second-degree murder<\/a> laws, including the potential penalties and defenses. It also touches on the other types of homicide in the Keystone State.<\/p>\r\n

If you\u2019re facing second-degree murder charges, reach out to a skilled criminal defense attorney<\/a>. You should also visit the links in the \u201cRelated FindLaw Resources\u201d section at the end of this article.<\/p>\r\n

Types of Homicide in the Commonwealth of Pennsylvania<\/b><\/h2>\r\n

As stated above, Pennsylvania law recognizes several types of homicide. The most severe of these crimes is first-degree murder. A person guilty of first-degree murder charges will receive either a death sentence or life in prison without the possibility of parole<\/a>.<\/p>\r\n

Pennsylvania law defines first-degree murder as the intentional killing of another human being with premeditation, deliberation, and malice aforethought. This includes the intentional killing of another human being by poison, lying in wait, or as the result of willfulness, deliberation, and premeditation.<\/p>\r\n

In addition to first-degree murder, Pennsylvania also recognizes second and third-degree murder. Third-degree murder is used for any unintentional killing that doesn\u2019t involve premeditation. This crime also includes any death resulting from the sale, administration, or distribution of a controlled substance<\/a>.<\/p>\r\n

A first or second-degree murder conviction can result in a life sentence<\/a>. That is not the case for murder of the third degree, which carries a penalty of 20 to 40 years in state prison.<\/p>\r\n

Like most other states, Pennsylvania law also recognizes involuntary and voluntary manslaughter. A person may be guilty of voluntary manslaughter if they kill someone under the heat of passion or after serious provocation. A typical example of voluntary manslaughter is the spouse who walks in on their partner having sexual relations with a third party and kills one or both of the lovers.<\/p>\r\n

Involuntary manslaughter<\/a> involves a defendant who kills someone as a result of recklessness or gross negligence<\/a>. This is used for deaths caused DUIs and speeding.<\/p>\r\n

Second-Degree Murder Under Pennsylvania Law<\/b><\/h2>\r\n

Like almost every other state, Pennsylvania follows the felony murder rule<\/a>. Under this rule, a person can be guilty of murder if someone dies while they commit or flee from committing a felony. Pennsylvania law categorizes felony murder as second-degree murder. While this crime is second-degree murder, state law considers it a felony of the first-degree.<\/p>\r\n

A person is guilty of murder in the second degree if someone dies during the commission of a felony. The felony murder rule in Pennsylvania applies to the following dangerous felonies:<\/p>\r\n