Murder in New York law
Murder in New York law means unlawfully killing a person within the state. The City of New York is covered by state law, so there is no separate city murder law.
First-degree murder is the most serious homicide offense. It is an intentional killing with no justification and involves aggravating factors. A defendant under 18 cannot be charged with first-degree murder. It carries 20 to 40 years in prison, or life without parole. The death penalty is not allowed in New York (People v. LaValle, 2004).
Second-degree murder is the next level. It covers either an intentional killing that is not during a specified felony, or an unintentional killing done with a depraved indifference to human life, or an unintentional killing that happens during the commission or attempted commission of a felony (felony murder rule). It carries 15 years to life with the possibility of parole after 25 years, or life without parole if the victim was under 14.
New York’s felony murder rule is in Penal Law § 125.25. Under this rule, a death that occurs during the commission of certain felonies can be charged as second-degree murder even if there was no intent to kill, and as first-degree murder if there was intent to kill.
This page was last edited on 2 February 2026, at 05:24 (CET).