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Question:

Wuts tha difference between 1st and 2nd degree murder?


Best Answer - Chosen by Asker: 1st is with premeditation and 2nd is not premeditated

First degree murder - the intentional killing of another person (1) with premeditation, (2) in the furtherance of another serious criminal offense (kidnapping, robbery, etc.), or (3) where the victim is an identified peace officer.

Second degree murder - the intentional killing of another person without premeditation (i.e. killing in the heat of the moment). Formerly, certain types of killings were also deemed to be murder, regardless of lack of intent (eg. where death was caused in the course of committing of a serious crime, such as sexual assault). However, these so-called "constructive" murder provisions have, by and large, been repealed or struck down on constitutional grounds.
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