The unlawful killing of a human being, when perpetrated by any act imminently dangerous to another and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, is murder in the second degree
To prove 2nd degree murder, the key elements are that it was the result of an act "imminently dangerous", and "evincing a depraved mind". Just the act of Zimmerman shooting Martin does not meet that standard.
What Vendome was suggesting, and what I was responding to, is the fact that Aggravated Stalking is one of the acts considered "imminently dangerous" to qualify it as 2nd degree murder. My point is that I don't see how they would qualify what Zimmerman did by following Martin as Aggravated Stalking under the terms of the statute for that crime. If no other crime was committed by Zimmerman that lead up to the shooting (assuming no self-defense claim was available), the most they could charge him with is voluntary manslaughter.
I agree that stalking doesn’t apply. We have a difference of opinion regarding construction. I believe a prosecution can be maintained without any of the enumerated crimes. Section (2) (the basic section) is one way second degree can be committed, section (3) is another. Read the entire section in context and see if you don’t come to that conclusion.