Murder is a class A-1 felony, the most serious crime in New York. There are 5 types of Murder in the Second Degree:
- Intentional and unlawful killing of another person. NY Penal Law §125.25(1).
- Depraved Indifference Murder, NY Penal Law §125.25(2). This is where you are acting recklessly, not intentionally, but with such a depraved indifference towards human life, and your conduct results in someone dying.
- Felony Murder, NY Penal Law § 125.25(3). This is where in the furtherance of a specified crime or immediate flight from the crimes/attempted crimes of robbery, burglary, kidnapping, rape in the first degree, aggravated sexual abuse, escape in the first or second degrees, another person dies who is not involved in the crime. (see below for a detailed analysis of Felony Murder).
- Depraved Indifference Murder of a Child, NY Penal Law §125.25(4). Similar to the allegations in Depraved Indifference Murder, NY Penal Law §125.25(2), this crime adds the additional component that you must be 18 or older, and the victim was 10 or younger.
- Homicide during a Sex Offense, NY Penal Law §125.25(5). This is intentionally causing the death of someone under 14 years old, during the commission of a sex crime.
While a few of the above are rare Murder in the 2nd degree charges, the one that is charged most often is Felony Murder.