Murder in New York law constitutes the unlawful killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of

New York New York most commonly refers to: * New York (state), a state in the northeastern United States * New York City, the most populous city in the United States, located in the state of New York New York may also refer to: Places United Kingdom * ...

. Because the criminal law of the state also governs the City of New York, there is not a separate law applicable to murders committed in the city. The United States

Centers for Disease Control and Prevention The Centers for Disease Control and Prevention (CDC) is the National public health institutes, national public health agency of the United States. It is a Federal agencies of the United States, United States federal agency under the United S ...

reported that in the year 2021, the state had a murder rate somewhat below the median for the entire country.

Definitions

First-degree murder

First-degree murder or aggravated murder is the most serious homicide offense in New York state. It is defined as the intentional killing of a person without justification with one of the following aggravating factors: * The victim was a police officer, peace officer, correctional employee, judge, or a criminal case witness * The murder was committed while the perpetrator was serving a life sentence * The murder was committed with torture of the victim * The murder was committed as an act of

terrorism Terrorism, in its broadest sense, is the use of violence against non-combatants to achieve political or ideological aims. The term is used in this regard primarily to refer to intentional violence during peacetime or in the context of war aga ...

* The murder was committed during the commission or attempted commission of one of the felonies under New York's felony murder laws. *Murder committed for hire (with the charge applying to both the murderer and the person who paid the murderer) A defendant under the age of 18 cannot be charged with first-degree murder. First-degree murder is punishable by 20 to 40 years in prison, or

life imprisonment Life imprisonment is any sentence (law), sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life impr ...

without the possibility of

parole Parole, also known as provisional release, supervised release, or being on paper, is a form of early release of a prisoner, prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated ...

. The

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

was ruled unconstitutional in New York under ''People v. LaValle'' in 2004.

Second-degree murder

Second-degree murder is the second most serious homicide offense in New York. It is defined as when someone commits an intentional killing without a felony under New York's felony murder rule, or an unintentional killing which either exhibits a " depraved indifference to human life" or an unintentional killing caused by the commission or attempted commission of a felony under New York's felony murder rule. Second-degree murder is punishable by 15 years to life-with-parole after 25 years, or life-without-parole if the victim was under 14.

Felony murder rule

In the state of New York, the

common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

felony murder rule The rule of felony murder is a legal doctrine in some common law jurisdictions that broadens the crime of murder: when someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in so ...

has been codified in New York Penal Law § 125.25.§ 125.25 Murder in the second degree
The New York version of the rule provides that a death occurring during the commission of certain

felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...

, without the intent to kill, becomes

second degree murder Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. ("The killing of another person without justification or excuse, ...

, and with intent to kill, becomes first degree murder.

Felonies that warrant the felony murder rule

A defendant can be charged with second-degree murder when they committed or attempted to commit one of the following felonies, regardless of intent to kill, causing someone's death, and they can be charged with first-degree murder when the defendant had intent to kill: *

Robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...

Burglary Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually ...

Kidnapping Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...

Arson Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercr ...

* First-degree rape *First-degree criminal sexual act *First-degree

sexual abuse Sexual abuse or sex abuse is abusive sexual behavior by one person upon another. It is often perpetrated using physical force, or by taking advantage of another. It often consists of a persistent pattern of sexual assaults. The offender is re ...

Aggravated Aggravation, in law, is "any circumstance attending the commission of a crime or tort which increases its guilt or enormity or adds to its injurious consequences, but which is above and beyond the essential constituents of the crime or tort itself" ...

sexual abuse * First-degree escape *Second-degree escape

Affirmative defenses

The rule also provides an

affirmative defense An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's ...

.McCarthy, K.E. ''Felony Murder.'' Connecticut General Assembly Office of Legislative Research. 13 February 2008. The defendant has an affirmative defense if the crime was committed in a group and they: *Did not actually commit, solicit, or aid the homicide *Were not armed with a deadly weapon *Had no reason to believe that another participant carried a deadly weapon *Had no reason to believe that another participant intended to engage in conduct likely to cause death or serious bodily injury

Penalties

The sentences for homicide offenses in New York are listed below.

References

{{Murder in the United States by jurisdiction U.S. state criminal law New York (state) law