§ 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) 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; 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, sodomy 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:
(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.
Murder in the second degree is a class A-I felony.
.
Link to CJI2d