Murder, Manslaughter, and Criminally Negligent Homicide

Murder in the Second Degree (18-3-103)

  1. A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.
  2. Diminished responsibility due to self-induced intoxication is not a defense to murder in the second degree.
    (2.5) (Deleted by amendment, L. 96, p. 1844, § 12, effective July 1, 1996.)
  3. (a) Except as otherwise provided in paragraph (b) of this subsection (3), murder in the second degree is a class 2 felony.
    (b) Notwithstanding the provisions of paragraph (a) of this subsection (3), murder in the second degree is a class 3 felony where the act causing the death was performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the defendant sufficiently to excite an irresistible passion in a reasonable person; but, if between the provocation and the killing there is an interval sufficient for the voice of reason and humanity to be heard, the killing is a class 2 felony.
  4. A defendant convicted pursuant to subsection (1) of this section shall be sentenced by the court in accordance with the provisions of section 18-1.3-406
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