slowguy wrote:
JSA wrote:
According to NBC News, Fields was just booked for second degree murder. Second degree is intentional, but not with premeditation. So, it does not appear the source in the link I posted previously was correct.
In Virginia, I don't think 2nd Degree murder requires intent. For example, felony murder is 2nd degree murder. So if you were committing a robbery and someone accidentally dies as a result of your felony act, it would be 2nd degree murder.
In fact, I think there are 1st degree murder scenarios that wouldn't require intent, in Virginia. Not sure how that stacks up with other States, but in VA, I think Capital Murder always requires intent and premeditation, but not necessarily 1st or 2nd degree.
Ah! You are correct. Good catch.
§ 18.2-32. First and second degree murder defined; punishment.
Murder, other than capital murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in §
18.2-31, is murder of the first degree, punishable as a Class 2 felony.
All murder other than capital murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.
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