Second degree murder, penalty
Second degree murder means someone purposely killed another person, or tried to seriously hurt someone but ended up killing them instead. It also counts if someone was doing a felony (a serious crime) and another person died because of that crime or while the person was running away from it. This is a very serious crime, and the punishment for it gets added on top of any punishment for the other crime involved.
Classifications stated in the statute. Actual outcomes vary.
565.021. Second degree murder, . — 1. A person commits the of if he or she:
(1) causes the death of another person or, with the purpose of causing to another person, causes the death of another person; or
(2) Commits or attempts to commit any , and, in the or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
2. The offense of murder in the second degree is a , and the punishment for second degree murder shall be in addition to the punishment for of a related felony or attempted felony, other than murder or .
3. section 556.046 and section 565.029, in any charge of murder in the second degree, the jury shall be instructed on, or, in a , the judge shall consider, any and all of the in 1 of this section which are supported by the evidence and requested by one of the parties or the court.
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Source & history notes
(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A, A.L. 2014 S.B. 491) Effective 1-01-17 No bail, certain defendants, certain offenses, 544.671 (1990) Reduction in sentence was available to defendant when statute which limited maximum term of imprisonment became effective before state brought charges but after crime was committed. (Mo.App.) Searcy v. State, 784 S.W.2d 911. (1998) Defendant may be charged under the felony murder statute instead of involuntary manslaughter at the prosecutor's discretion when both apply. State v. Pembleton, 978 S.W.2d 352 (E.D.Mo.).
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