Second degree murder is a grave criminal offense, carrying severe penalties under the law. It’s crucial to understand what differentiates it from other forms of homicide, such as first degree murder or manslaughter. This article delves into the legal definition of second degree murder, breaking down its key components to provide clarity on this serious crime.
Defining Second Degree Murder
Legally, second degree murder is typically defined by the circumstances and intent surrounding the unlawful killing of another person. There are several key scenarios under which a killing may be classified as second degree murder:
Intent to Kill or Inflict Great Bodily Harm
One primary definition of second degree murder involves a situation where the offender possesses a specific intent to cause death or inflict significant bodily harm upon the victim, and this action results in death. This means that while the act may not have been premeditated to the same degree as first-degree murder, there was a clear and conscious decision to cause serious harm.
Felony Murder Rule & Second Degree Murder
Second degree murder can also occur under what is known as the felony murder rule. This applies when a death occurs during the commission or attempted commission of certain serious felonies, even if there was no explicit intent to kill. These felonies often include inherently dangerous crimes. Examples of such felonies that could lead to a second degree murder charge include:
- Aggravated or First Degree Rape
- Forcible or Second Degree Rape
- Aggravated Arson
- Aggravated Burglary
- Aggravated Kidnapping or Second Degree Kidnapping
- Aggravated Escape
- Assault by Drive-by Shooting
- Armed Robbery, First Degree Robbery, or Second Degree Robbery
- Simple Robbery
- Cruelty to Juveniles or Second Degree Cruelty to Juveniles
- Terrorism
In these cases, the law recognizes that engaging in such dangerous felonies inherently creates a risk of death, and therefore, if a death occurs, even unintentionally, it can be classified as second degree murder.
Murder by Distribution of Controlled Substances
A more modern aspect of second degree murder definitions involves deaths resulting from the distribution of illegal drugs. If an individual unlawfully distributes or dispenses controlled dangerous substances (listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law), and this substance directly causes the death of the person who consumed it, it can be considered second degree murder.
This definition extends to situations where the initial recipient of the drugs then distributes them to another person who subsequently dies as a direct result of consuming the substance. This aims to hold drug distributors accountable for deaths caused by the substances they provide.
Punishment for Second Degree Murder
The penalties for second degree murder are extremely severe, reflecting the gravity of taking a human life. Typically, conviction for second degree murder results in life imprisonment. Furthermore, this sentence often comes with significant restrictions, such as being served at hard labor and without the possibility of parole, probation, or suspension of sentence. This means individuals convicted of second degree murder may spend the remainder of their lives in prison.
Conclusion
Second degree murder is a serious felony with devastating consequences for both victims and offenders. Understanding its legal definition, encompassing intent to harm, felony murder scenarios, and deaths from drug distribution, is crucial for legal clarity and public awareness. The severe penalties associated with this crime underscore the value society places on human life and the justice system’s commitment to holding individuals accountable for unlawful killings.
