2023 New York Laws › PEN - Penal › Part 3 - Specific Offenses › Title H - Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation › Article 125 - Homicide and Related Offenses › 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,  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.