Third-degree murder is a category of homicide that falls between manslaughter and second-degree murder charges. It is not based on having the intent to kill, but rather on recklessness or inattention. Third-degree murder is often charged as a depraved heart or mind crime, which can arise when a person fires a gun in a crowd without intending to kill.

The definition of third-degree murder varies by state. For example, in Florida, a person is guilty of third-degree murder if they unintentionally kill another person while committing or attempting to commit a non-violent felony. In Minnesota, third-degree murder is any act causing the death of another that is extremely dangerous and evinces a “depraved mind” or that takes place in the course of illegal activities involving controlled substances. In Pennsylvania, it is any murder that is not a murder of the first or second degree.

Unlike first- and second-degree murder, the prosecutor does not have to prove that the killing was premeditated or occurred “with . The penalties for third-degree murder vary by state, but it is generally considered a less serious offense than first- or second-degree murder.