13-1104

13-1104. Second degree murder;
classification

A. A person commits second degree murder if without premeditation:

1. The person intentionally causes the death of another person, including an unborn
child or, as a result of intentionally causing the death of another person, causes the
death of an unborn child; or

2. Knowing that the person's conduct will cause death or serious physical injury,
the person causes the death of another person, including an unborn child or, as a result
of knowingly causing the death of another person, causes the death of an unborn child; or

3. Under circumstances manifesting extreme indifference to human life, the person
recklessly engages in conduct that creates a grave risk of death and thereby causes the
death of another person, including an unborn child or, as a result of recklessly causing
the death of another person, causes the death of an unborn child.

B. An offense under this section applies to an unborn child in the womb at any
stage of its development. A person may not be prosecuted under this section if any of the
following applies:

1. The person was performing an abortion for which the consent of the pregnant
woman, or a person authorized by law to act on the pregnant woman's behalf, has been
obtained or for which the consent was implied or authorized by law.

2. The person was performing medical treatment on the pregnant woman or the
pregnant woman's unborn child.

3. The person was the unborn child's mother.

C. Second degree murder is a class 1 felony and is punishable as provided by
section 13-705 if the victim is under fifteen years of age or is an unborn child, section
13-706, subsection A or section 13-710.