what is 2nd degree murder

what is 2nd degree murder

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Second-degree murder is a type of intentional homicide crime that is less severe than first-degree murder. The exact definition of second-degree murder varies by jurisdiction, but it is generally defined as an intentional killing that was not premeditated. The mens rea of the defendant is intent to kill, intent to inflict serious bodily harm, or act with an abandoned heart (e.g., reckless conduct lacking concern for human life or having a high risk of death) . Second-degree murder can also result from a defendant who acts to cause serious bodily harm, although the defendant does not necessarily intend to kill. In some states, second-degree murder also encompasses “depraved heart murder,” which is a killing caused by a reckless disregard for human life. Felony murder is also sometimes classified as a form of second-degree murder. The punishment for second-degree murder is less severe than that for first-degree murder, and capital punishment is not available for a second-degree murder conviction. The severity of the crime is determined by degrees, and second-degree murder is a “general intent” crime.

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