New York Second-Degree Murder Laws

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

The primary difference between second-degree murder and murder in the first degree 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.

This article explains how New York’s second-degree murder laws 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.

New York Penal Law’s Definition of Second-Degree Murder

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 can occur in one of five ways:

• While killing another human being with the intent to cause the death of another person, the defendant causes the death of such person or a third person
• Causing the death of a person by recklessly engaging in conduct with a grave risk of death to another person with a depraved indifference to human life
• Causing the death of another person during the commission of a felony
• A defendant who is at least 18 years old causing the death of someone under the age of 12 while recklessly engaging in conduct with a grave risk of serious physical injury or death while demonstrating a depraved indifference to human life
• A defendant who is at least 18 years old causing the death of someone less than 14 years of age during the commission of a specific crime such as rape, a criminal sexual act, sexual abuse, or a related offense

When a person acts in accordance with any of the above, they will face second-degree murder charges. The state must prove that the defendant’s conduct directly or indirectly caused the death of another human being.

Depraved Indifference and Felony Murder

Depraved indifference murder is a form of reckless homicide that qualifies as second-degree murder. To convict a defendant of second-degree depraved indifference murder, the prosecution must prove two things:

• The defendant’s conduct created a "grave risk of death" to another person
• The defendant demonstrated two distinct mental states at the time of the crime: recklessness and a depraved indifference to human life

Convictions for depraved indifference are rare and often involve conduct that creates a danger to a group rather than a single individual.

Felony murder may also qualify as a form of first-degree murder, depending on the circumstances surrounding the killing. The difference between the two crimes depends on the defendant’s intent.

First-degree felony murder cases involve defendants with the intent to kill the victim or another non-participant in the crime. Second-degree felony murder only requires that the state prove the defendant had the intent to commit the underlying crime.

To be guilty of first-degree felony murder in New York, the defendant must personally cause the victim’s death or command another person to do so. A person can be guilty of second-degree felony murder if they were just an accomplice of the actual killer.

New York Second-Degree Murder: Penalties and Defenses

The table below outlines the possible penalties and defenses to a second-degree murder conviction in New York.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a criminal defense attorney or conduct further legal research to verify New York state laws.

Get Legal Help With Your Second-Degree Murder Case in New York

Prosecutions for murder are high-stakes affairs. A conviction will result in years of incarceration and affect opportunities for employment, reputation, and civil rights for the rest of your life. If you’re facing second-degree murder charges, talk to an experienced criminal defense attorney.

Related FindLaw Resources

• Homicide
• Second-Degree Murder
• Second-Degree Murder Defenses
• Aggravated Murder
• Affirmative Defense