N.Y. Penal Law § 125.25: Murder in the second degree

§ 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, 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:

(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, 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.

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