§ 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) (i) 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. (ii) It shall not
be a "reasonable explanation or excuse" pursuant to subparagraph (i) of
this paragraph when the defendant's conduct resulted from the discovery,
knowledge or disclosure of the victim's sexual orientation, sex, gender,
gender identity, gender expression or sex assigned at birth; 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:

* NB Effective until September 1, 2024

* 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, a crime formerly defined in section 130.50 of this title,
the crime of 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:

* NB Effective September 1, 2024

(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.

* NB Effective until September 1, 2024

* 5. Being eighteen years old or more, while in the course of
committing rape in the first, second or third degree, a crime formerly
defined in section 130.50, 130.45 or 130.40 of this title, the crime of
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.

* NB Effective September 1, 2024

Murder in the second degree is a class A-I felony.