Murder is the unlawful killing of a human being with malice aforethought.So if, for example, a person killed with malice aforethought, and did not use poison, lay in wait, etc. that is murder in the second degree.Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.
Any other murder is murder in the second degree.
Killing without malice aforethought is manslaughter.
Second-degree murder is usually defined as a killing that is either not premeditated or is caused by reckless conduct with a lack of concern for human life. Second-degree murders are different from voluntary manslaughter, where the killing is committed in the heat of passion. It’s also different from first-degree murder, which involves premeditation. There are three common situations considered second-degree murder:
“Malice aforethought” need not involve a large amount of time for premeditation. If you hit me, and run away, and I decide “m-—— f-——, you’re gonna die for that”, and shoot you in the following second, then I had malice aforethought.