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New York Penal - Article 125 - § 125.25 Murder in the Second Degree

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Penal 
 
  § 125.25 Murder in the second degree.
    A person is guilty of murder in the second degree when:
    1.  With  intent  to  cause the death of another person, he causes the
  death of  such  person  or  of  a  third  person;  except  that  in  any
  prosecution under this subdivision, it is an affirmative defense that:
    (a)  The  defendant  acted  under  the  influence of extreme emotional
  disturbance for which there was a reasonable explanation or excuse,  the
  reasonableness  of  which  is  to  be determined from the viewpoint of a
  person in the defendant's  situation  under  the  circumstances  as  the
  defendant believed them to be. Nothing contained in this paragraph shall
  constitute  a defense to a prosecution for, or preclude a conviction of,
  manslaughter in the first degree or any other crime; or
    (b) The defendant's conduct consisted of causing  or  aiding,  without
  the  use  of  duress  or  deception,  another  person to commit suicide.
  Nothing contained in this paragraph shall  constitute  a  defense  to  a
  prosecution for, or preclude a conviction of, manslaughter in the second
  degree or any other crime; or
    2. Under circumstances evincing a depraved indifference to human life,
  he  recklessly engages in conduct which creates a grave risk of death to
  another person, and thereby causes the death of another person; or
    3. Acting either alone or with one or more other persons,  he  commits
  or  attempts to commit robbery, burglary, kidnapping, arson, rape in the
  first degree, criminal sexual act in the first degree, sexual  abuse  in
  the  first  degree, aggravated sexual abuse, escape in the first degree,
  or escape in the second degree, and, in the course of and in furtherance
  of  such  crime  or  of  immediate  flight  therefrom,  he,  or  another
  participant,  if  there  be any, causes the death of a person other than
  one of the participants; except  that  in  any  prosecution  under  this
  subdivision,  in which the defendant was not the only participant in the
  underlying crime, it is an affirmative defense that the defendant:
    (a) Did not commit the homicidal act or in any way  solicit,  request,
  command, importune, cause or aid the commission thereof; and
    (b)  Was not armed with a deadly weapon, or any instrument, article or
  substance readily capable of causing death or  serious  physical  injury
  and  of  a  sort  not ordinarily carried in public places by law-abiding
  persons; and
    (c) Had no reasonable ground to believe that any other participant was
  armed with such a weapon, instrument, article or substance; and
    (d) Had no reasonable ground to believe  that  any  other  participant
  intended  to  engage  in  conduct  likely  to result in death or serious
  physical injury; or
    4. Under circumstances evincing a depraved indifference to human life,
  and being eighteen years old or more the defendant recklessly engages in
  conduct which creates a grave risk of serious physical injury  or  death
  to  another  person  less  than  eleven years old and thereby causes the
  death of such person; or
    5. Being eighteen years old or more, while in the course of committing
  rape in the first, second or third degree, criminal sexual  act  in  the
  first,  second  or  third  degree,  sexual  abuse  in  the first degree,
  aggravated sexual abuse in the first, second, third or fourth degree, or
  incest in the first, second or third degree, against a person less  than
  fourteen  years  old,  he  or she intentionally causes the death of such
  person.
    Murder in the second degree is a class A-I felony.
Section:  Previous  125.12  125.13  125.14  125.15  125.20  125.21  125.22  125.25  125.26  125.27  125.40  125.45  125.50  125.55  125.60  Next

Last modified: February 16, 2014