Murder in the Second Degree


Also found in: Legal.
Homicide that falls short of criminal or premeditated intent—i.e., without mens rea
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(129) That section states: "Murder in the second degree is a class A felony, and the punishment for second degree murder shall be in addition to the punishment for commission of a related felony or attempted felony, other than murder or manslaughter." (130) The Williams court interpreted this provision to mean that the legislature intended to exclude the felonies of murder and manslaughter from acting as the underlying felonies for felony murder.
Assemblyman Spano says that "anyone who gets behind the wheel with a BAC twice the legal limit and kills someone while driving has clearly met all of the elements to receive a charge of murder in the second degree." The bill is called the "Johnny Lopez Law" in honor of a constituent who was killed by a drunk driver with a history of drunk driving offenses,
"Murder in the second degree is where you intend to kill someone but you didn't plan to do it - it genuinely just happened.