I would assume it would be 2nd degree. They didn’t plan on that child previous to leaving. A FReeper lawyer will hopefully jump in.
Premeditated intent for 1st degree? I guess the DA knows what s/he is doing, unlike the corrupt, criminal DA in the Zimmerman-Martin case.
If the killing is done in the comission of an armed robbery it would be first degree murder....and w death penalty if they were over 18. It should be first degree murder for both