565.021. Second degree murder, penalty. - Missouri Statutes

Second degree murder, penalty.

565.021. 1. A person commits the crime of murder in thesecond degree if he:

(1) Knowingly causes the death of another person or, withthe purpose of causing serious physical injury to another person,causes the death of another person; or

(2) Commits or attempts to commit any felony, and, in theperpetration or the attempted perpetration of such felony or inthe flight from the perpetration or attempted perpetration ofsuch felony, another person is killed as a result of theperpetration or attempted perpetration of such felony orimmediate flight from the perpetration of such felony orattempted perpetration of such felony.

2. Murder in the second degree is a class A felony, and thepunishment for second degree murder shall be in addition to thepunishment for commission of a related felony or attemptedfelony, other than murder or manslaughter.

3. Notwithstanding section 556.046, RSMo, and section565.025, in any charge of murder in the second degree, the juryshall be instructed on, or, in a jury-waived trial, the judgeshall consider, any and all of the subdivisions in subsection 1of this section which are supported by the evidence and requestedby one of the parties or the court.

(L. 1983 S.B. 276, A.L. 1984 S.B. 448 § A)

Effective 10-1-84

*No continuity with § 565.021 as repealed by L. 1983 S.B. 276.

CROSS REFERENCE:

No bail, certain defendants, certain offenses, RSMo 544.671

(1990) Reduction in sentence was available to defendant when statute which limited maximum term of imprisonment became effective before state brought charges but after crime was committed. (Mo.App.) Searcy v. State, 784 S.W.2d 911.

(1998) Defendant may be charged under the felony murder statute instead of involuntary manslaughter at the prosecutor's discretion when both apply. State v. Pembleton, 978 S.W.2d 352 (E.D.Mo.).

(2004) Unborn child is a person for purposes of section. State v. Rollen, 133 S.W.3d 57 (Mo.App.E.D.).