Pennsylvania Second-Degree Murder Laws

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

Sometimes, a murder case involves the intentional killing of another person. In other cases, the death is the result of the defendant’s negligence or reckless conduct.

This article examines Pennsylvania’s second-degree murder laws, including the potential penalties and defenses. It also touches on the other types of homicide in the Keystone State.

If you’re facing second-degree murder charges, reach out to a skilled criminal defense attorney. You should also visit the links in the “Related FindLaw Resources” section at the end of this article.

Types of Homicide in the Commonwealth of Pennsylvania

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.

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.

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’t involve premeditation. This crime also includes any death resulting from the sale, administration, or distribution of a controlled substance.

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

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.

Involuntary manslaughter involves a defendant who kills someone as a result of recklessness or gross negligence. This is used for deaths caused DUIs and speeding.

Second-Degree Murder Under Pennsylvania Law

Like almost every other state, Pennsylvania follows the felony murder rule. 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.

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:

• Rape
• Arson
• Kidnapping
• Deviant sexual intercourse
• Burglary
• Robbery

The state can charge the perpetrator of the underlying felony or their accomplice with second-degree murder. This crime carries a mandatory penalty of life without parole. The only exception to this mandatory sentence is if the defendant is a juvenile.

Pennsylvania’s Second-Degree Murder Statutes: Summary

Unless you’re a criminal defense attorney, it can be hard to read and interpret Pennsylvania’s criminal statutes. The following table summarizes Pennsylvania’s second-degree murder laws in plain English.

Specific Intent and Second-Degree Murder Charges

In a second-degree murder case, the prosecutor must prove that the defendant intended to commit the unlawful act and had a specific intent to kill. Pennsylvania law infers a specific intent to kill from the defendant’s intent to carry out the underlying felony.

A defendant may be liable for murder even if they did not intend to cause the death of another person. All the state must show is that the defendant intended to participate in the crime that caused the victim’s death.

Possible Defenses to Second-Degree Murder Charges

People hire a criminal defense lawyer to secure an acquittal or a favorable plea bargain. When you first meet with your attorney, they’ll review the facts of your case. Their goal is to help you avoid a murder conviction. The best way to do that is to launch a strong defense.

Pennsylvania law recognizes the following defenses to second-degree murder:

• Mental insanity
• Diminished capacity
• Duress
• Improper procedure by law enforcement
• Self-defense or defense of others
• Lack of intent
• Insufficient evidence
• The victim’s death is the result of something other than the defendant’s commission of a felony
• Accidental killing without criminal intent while engaging in a lawful activity

If you take a human life, the state is required to bring about justice for the victim. Unless your attorney can present a strong defense, there is a good chance you’ll face serious prison time.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a Pennsylvania criminal defense lawyer or conduct further research to verify your state laws.

Don’t Face Your Criminal Charges Alone: Talk to a Defense Attorney

If you’re facing homicide charges in Philadelphia or any other city in Pennsylvania, you should contact an experienced criminal defense attorney. A murder conviction will result in a lengthy prison sentence.

For a defendant to be guilty, the prosecutor must prove guilt beyond a reasonable doubt. Your attorney’s job is to raise this doubt. A Pennsylvania defense attorney will examine your case, explain your options, and represent you in court.

Related FindLaw Resources

• Misdemeanor vs Felony
• Pennsylvania Voluntary Manslaughter Laws
• Pennsylvania Involuntary Manslaughter Laws
• Pennsylvania First-Degree Murder Laws
• Third-Degree Murder Overview