Second Degree Murder in California Law
According to the website Find Law, second degree murder is generally defined as "an intentional killing that is not premeditated or planned, nor committed in a reasonable 'heat of passion' " or "a killing caused by dangerous conduct and the offender's obvious lack of concern for human life." However, the California Penal Code has specific laws on this crime.
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Definition
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The California Penal Code defines second degree murder as "all other kinds of murders" that are not first degree murder. It defines first degree murder as "all murder which is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing." It also defines first degree murder as murder "which is committed in the perpetration of, or attempt to perpetrate, arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking" or "any murder which is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death."
Punishment
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The penal code states that any person found guilty of second degree murder will face 15 years to life in a state prison. Anyone who kills a law enforcement officer may face 25 years to life in prison. If the offender shot a firearm from inside a motor vehicle with the intent to cause major harm to a person outside the vehicle, the penalty may be 20 years to life.
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Multiple Offenses
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Someone who is found guilty of second degree murder who has already served time in prison for either first or second degree murder faces a different punishment, according to the penal code. The person may face 15 years to life in prison.
Death Penalty
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The death penalty is not a punishment for second degree murder in and of itself. However, second degree murder may lay the groundwork for capital punishment in the future, according to the California Penal Code. If a person is convicted of first degree murder, and in the past had been convicted of either first or second degree murder, their crime may be punishable by the death penalty.
Special Circumstances
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The penal code lists special circumstances under which someone may be sentenced to life in prison. These include previous convictions of either first or second degree murder.
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References
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