Second Degree MurderRule
Second Degree Murder is the statutory version of common law murder. However. the element of Felony Murder is not discussed because it is included in First Degree Murder.
|February 2008 #3 Model A||All murder that is not murder in the first degree is murder in the second degree.|
|February 2007 #3 Model A||Second degree murder or common law murder is the intentional killing of a person with malice aforethought. Malicious intent will be implied by: (1) the intent to kill a person, (2) the intent to inflict a substantial bodily harm on someone, (3) an awareness of an unjustifiably high risk to human life, and (4) the intent to commit a felony.|
|February 2007 #3 Model B||Second degree, at common law, murder is the killing of a human being with malice afterthought. The mens rea of malice is satisfied when the accused intended to kill, intended to cause great bodily injury, showed a reckless disregard for an unjustifiably high risk of death, or killed during the commission of a rape, burglary, robbery, kidnapping, or arson.|
Next: Intent to Kill
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