Which of the following is listed as a basis for New York Murder in the Second Degree?

• A. Intentional killing
• B. Reckless killing with depraved heart
• C. Felony murder (killing is unintentional)
• D. All of the above

Answer: (D)

In New York, murder in the second degree covers three different bases. First, it includes a person who intentionally kills another. Second, it covers killing done with depraved indifference to human life—what prosecutors call a depraved-heart murder, where the defendant’s conduct shows a reckless disregard for significant risk to life. Third, it includes felony murder, where death results during the commission or attempted commission of a qualifying felony, even if the killer didn’t intend to kill.

So even though the killer didn’t mean to take a life, the act is charged as second-degree murder if it happens in the course of a qualifying felony. That’s why all three grounds fit under the same category, making the option that lists all of them the best answer.