Which of the following is NOT a category of Murder 2 in NY?

Which of the following is NOT a category of Murder 2 in NY?

• A. In custody or escaped custody
• B. Intentional killing that doesn't qualify for Murder 1
• C. Felony murder, unintentional murder
• D. Highly reckless killing (usually 2+ victims)

Answer: (A)

In New York, Murder in the second degree covers two main ideas: an intentional killing that doesn’t meet the first-degree criteria, and killings done with a depraved indifference—an extremely reckless disregard for human life, often resulting in multiple victims. Those are the kinds of scenarios that fit Murder 2. Killing someone while in custody or during an escape is treated as an aggravating factor that pushes the charge to first-degree murder, not Murder 2. The same goes for felony murder in many cases, where death occurring during the commission or attempted commission of certain felonies is charged as first-degree. So the situation described as being in custody or escaping custody isn’t a category within Murder 2, which is why it’s the correct choice for NOT being a Murder 2 category.

In New York, Murder in the second degree covers two main ideas: an intentional killing that doesn’t meet the first-degree criteria, and killings done with a depraved indifference—an extremely reckless disregard for human life, often resulting in multiple victims. Those are the kinds of scenarios that fit Murder 2.

Killing someone while in custody or during an escape is treated as an aggravating factor that pushes the charge to first-degree murder, not Murder 2. The same goes for felony murder in many cases, where death occurring during the commission or attempted commission of certain felonies is charged as first-degree. So the situation described as being in custody or escaping custody isn’t a category within Murder 2, which is why it’s the correct choice for NOT being a Murder 2 category.