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LSA-R.S. 14:30.1
A. Second degree murder is the killing of a human being:
(1) When the offender has a specific intent to kill or to inflict great bodily harm; or
(2) When the offender is engaged in the perpetration or attempted perpetration of aggravated rape, forcible rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, or terrorism, even though he has no intent to kill or to inflict great bodily harm.
(3) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law*, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance.
(4) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law*, or any combination thereof, to another who subsequently distributes or dispenses such controlled dangerous substance which is the direct cause of the death of the person who ingested or consumed the controlled dangerous substance.
B. Whoever commits the crime of second degree murder shall be punished by life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.
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How Does Third Degree Murder Differ From Other Types of Murder?
Third degree murder is typically murder in which the offender meant to harm, but not kill, the victim. Such a charge is usually made when the perpetrator is considered to have acted with intentional disregard for the life of another. Depending on what court or state the charge is in, third degree murder is sometimes synonymous with the crime of manslaughter or second degree murder. Third degree murder differs from first degree murder in that first degree murders are premeditated or planned. The penalties are more severe—sometimes the death penalty, sometimes life in prison. First degree murders are considered to be particularly brutal. Peanlties for third degree murder can be up to twenty years in prison. Many courts and states do not have a third degree murder statute. In those states, murders that are not considered first degree are divided between charges of manslaughter and second degree murder. The circumstances of such murders are considered to have involved gray areas. Most other countries do not have third degree murder statutes, and few states do. California and Pennsylvania are two states that do have a third degree murder statute. Such crimes are not considered to be as brutal as first degree or higher murders, but they are considered to have involved recklessness that resulted in death. In California, charges of third degree murder are usually brought against someone to distinguish the act he or she committed from manslaughter. Manslaughter charges are brought against someone whose recklessness was not meant to harm someone, but whose actions resulted in that person's death. On the other hand, third degree murder charges are brought against someone who meant to hurt, but not kill, the victim. Some courts, however, consider this kind of murder charge second degree murder. In Pennsylvania, third degree murder is simpler. Such charges are brought against anyone who killed someone, but whose actions do not warrant charges of first or second degree murder. Sentencing guidelines for those convicted of third degree murder depend on the court. Penalties can be similar to those handed out for second degree murder or those dished out for manslaughter. In Pennsylvania, the maximum penalty for third degree murder is 20 years. The maximum fine is $50,000. Besides having the best defense lawyer and a good alibi, someone charged with a higher degree of murder, obviously might have a chance of being convicted of third degree murder instead if he could prove he did not mean to harm or kill the victim.
What does 2nd degree mean in the law?
Degree is used in some states in their criminal code to indicate the severity of a crime. First degree is usually the worst crimes, second degree is lessor crime and third degree is relatively minor. Depending on the state, the degree of a crime may determine what the punishment is. The differences of the degrees are clearly laid out in the criminal code.
What does 1 degree murder mean?
Although the wording may be different in different states, the meaning is the same. The crime of first-degree murder is the act of committing an unlawful killing that is willful or premeditated.
What does an open count of murder mean in the State of New Mexico?
A person charged with an "open count of murder" typically has been charged with an intentional killing of another person, but the State does not yet know what degree of killing the evidence would eventually prove at trial. New Mexico's homicide laws separate intentional killings into three crimes: First-degree Murder, Second-degree murder, and Voluntary Manslaughter. First-degree murder is further separated into three types: Willful and deliberate murder (what we'd call "premeditated murder"), Felony murder, and Depraved Mind Murder (a killing by any act dangerous to the lives of others, indicating a depraved mind that is indifferent to human life). New Mexico Statutes Annotated 1978, Sections 30-2-1 and 30-2-3
What does 2i honours degree mean?
2:1 which means it is an Upper Second class degree.
What does lesser included offense mean?
Lesser included offenses are lesser degrees of the same crime. So, 1st Degree Murder's lesser included offenses (in some jurisdictions) are 2nd Degree Murder, voluntary manslaughter, etc.
Does 1st degree murder mean you plotted to kill the person?
Yes. It signifies that the crime was committed with "Malice Aforethought."
If a jury is instructed on 2nd degree murder but convicts defendant of 1st degree murder does that mean the grounds for the lesser included offense of manslaughter should not be considered?
If the jury was instructed on murder, and all the lesser included offenses, but chose to convict of the most serious one, it obviously WAS considered, and they rejected it.
What does sur la Louisiana mean?
Sur la Louisana is Spanish for "South of Louisiana".
What does 5 w in a s mean?
Means five degree west and one second
Does homicide mean a murder?
Yes, homicide does mean a murder.
What does open murder mean?
It's law enforcement 'slang' meaning an UN-SOLVED homicide. It also can be a legal term for when a prosecutor doesn't specify the degree of murder but instead leaves it up to a jury/judge to decide.
