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Arizona Revised Statutes

Ariz. Rev. Stat. § 13-1104 (2026)

Second degree murder; classification

✓ current as of May 2026
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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.

 

Notes of Decisions
Cited in 151 cases (32 in the last 5 years), 1979–2026 · leading case: State v. McKinney, 917 P.2d 1214 (Ariz. 1996).
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State v. McKinney, 917 P.2d 1214 (Ariz. 1996). · cites it 14× “See A.R.S. § 13-1104. Manslaughter would not be a crime of violence.”
State v. Walton, 650 P.2d 1264 (Ariz. Ct. App. 1982). · cites it 18× “The defendant was convicted of second degree murder while armed, in violation of A.R.S. §§ 13-1104 and 13-604(G), following a trial by jury.”
State v. Eddington, 244 P.3d 76 (Ariz. Ct. App. 2010). · cites it 12× “S, defines the offense as "[c]ommitting second degree murder as defined in § 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim.”
State v. Comer, 799 P.2d 333 (Ariz. 1990). · cites it 8× “FAILURE TO GIVE INSTRUCTIONS ON RECKLESS SECOND DEGREE MURDER, MANSLAUGHTER, AND NEGLIGENT HOMICIDE In addition to instructions on first degree murder, the trial court instructed the jury on intentional and knowing second degree murder pursuant to A.”
State v. Thompson, 65 P.3d 420 (Ariz. 2003). · cites it 4× “" A.R.S. § 13-1104(A)(1) (2001) (emphasis added).”
State v. Barrett, 644 P.2d 242 (Ariz. 1982). · cites it 8× “Such person intentionally causes the death of another person; or “2. Knowing that his conduct will cause death or serious physical injury, such person causes the death of another person; * * 7 .”
State v. Just, 675 P.2d 1353 (Ariz. Ct. App. 1983). · cites it 6× “A.R.S. § 13-1104 provides for second degree murder under three alternative culpable mental states, intentionally, knowingly, or recklessly.”
State v. Reffitt, 702 P.2d 681 (Ariz. 1985). · cites it 6× “, (hereinafter appellant) was convicted of second degree murder, A.R.S. § 13-1104, a class-2 felony, and forgery, A.”
State v. Vickers, 633 P.2d 315 (Ariz. 1981). · cites it 4× “A.R.S. § 13-1104. Defendant failed to object at trial to the absence of a second degree murder instruction.”
State v. Webb, 793 P.2d 105 (Ariz. Ct. App. 1990). · cites it 8× “On September 8, 1987, a jury found appellant guilty under A.R.S. § 13-1104 of the lesser included offense of second-degree murder, a class one felony.”
State v. Ontiveros, 81 P.3d 330 (Ariz. Ct. App. 2003). · cites it 4× “See A.R.S. § 13-1104(A)(2) (“causes the death of another person”).”
State v. Delahanty, 250 P.3d 1131 (Ariz. 2011). · cites it 4× “” He contends that the jury should have been instructed on second degree murder both because he may have only intended to inflict serious physical injury, A.R.S. § 13-1104(A)(2), and because testimony about his “freaking out” during the traffic stop suggests that he only acted…”
Show all 151 citing cases →
— Ariz. Rev. Stat. § 13-1104(A) — 26 cases
State v. McKinney, 917 P.2d 1214 (Ariz. 1996). “See A.R.S. § 13-1104. Manslaughter would not be a crime of violence.”
State v. Eddington, 244 P.3d 76 (Ariz. Ct. App. 2010). “S, defines the offense as "[c]ommitting second degree murder as defined in § 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim.”
State of Arizona v. Manuel Ovante, Jr., 291 P.3d 974 (Ariz. 2013).
State v. Lujan, 664 P.2d 646 (Ariz. 1983).
State v. Grell, 66 P.3d 1234 (Ariz. 2003).
— Ariz. Rev. Stat. § 13-1104(A)(1) — 35 cases
State v. Thompson, 65 P.3d 420 (Ariz. 2003). “" A.R.S. § 13-1104(A)(1) (2001) (emphasis added).”
State v. Comer, 799 P.2d 333 (Ariz. 1990). “FAILURE TO GIVE INSTRUCTIONS ON RECKLESS SECOND DEGREE MURDER, MANSLAUGHTER, AND NEGLIGENT HOMICIDE In addition to instructions on first degree murder, the trial court instructed the jury on intentional and knowing second degree murder pursuant to A.”
State v. Eddington, 244 P.3d 76 (Ariz. Ct. App. 2010). “S, defines the offense as "[c]ommitting second degree murder as defined in § 13-1104, subsection A upon a sudden quarrel or heat of passion resulting from adequate provocation by the victim.”
State v. Thompson, 34 P.3d 382 (Ariz. Ct. App. 2001).
State v. Valentini, 299 P.3d 751 (Ariz. Ct. App. 2013).
— Ariz. Rev. Stat. § 13-1104(A)(1997) — 1 case
State v. Canion, 16 P.3d 788 (Ariz. Ct. App. 2000).
— Ariz. Rev. Stat. § 13-1104(A)(1M3) — 1 case
State v. Ortiz, 764 P.2d 13 (Ariz. 1988).
— Ariz. Rev. Stat. § 13-1104(A)(2) — 8 cases
State v. Ontiveros, 81 P.3d 330 (Ariz. Ct. App. 2003). “See A.R.S. § 13-1104(A)(2) (“causes the death of another person”).”
State v. Hurley, 4 P.3d 455 (Ariz. Ct. App. 2000).
State v. Delahanty, 250 P.3d 1131 (Ariz. 2011). “” He contends that the jury should have been instructed on second degree murder both because he may have only intended to inflict serious physical injury, A.R.S. § 13-1104(A)(2), and because testimony about his “freaking out” during the traffic stop suggests that he only acted…”
State v. Just, 675 P.2d 1353 (Ariz. Ct. App. 1983). “A.R.S. § 13-1104 provides for second degree murder under three alternative culpable mental states, intentionally, knowingly, or recklessly.”
State v. Reffitt, 702 P.2d 681 (Ariz. 1985). “, (hereinafter appellant) was convicted of second degree murder, A.R.S. § 13-1104, a class-2 felony, and forgery, A.”
— Ariz. Rev. Stat. § 13-1104(A)(3) — 30 cases
State v. Walton, 650 P.2d 1264 (Ariz. Ct. App. 1982). “The defendant was convicted of second degree murder while armed, in violation of A.R.S. §§ 13-1104 and 13-604(G), following a trial by jury.”
State v. Comer, 799 P.2d 333 (Ariz. 1990). “FAILURE TO GIVE INSTRUCTIONS ON RECKLESS SECOND DEGREE MURDER, MANSLAUGHTER, AND NEGLIGENT HOMICIDE In addition to instructions on first degree murder, the trial court instructed the jury on intentional and knowing second degree murder pursuant to A.”
State v. McKinney, 917 P.2d 1214 (Ariz. 1996). “See A.R.S. § 13-1104. Manslaughter would not be a crime of violence.”
State v. Sodders, 633 P.2d 432 (Ariz. Ct. App. 1981).
State v. Barrett, 644 P.2d 242 (Ariz. 1982). “Such person intentionally causes the death of another person; or “2. Knowing that his conduct will cause death or serious physical injury, such person causes the death of another person; * * 7 .”
— Ariz. Rev. Stat. § 13-1104(AX2) — 1 case
State v. Barrett, 644 P.2d 260 (Ariz. Ct. App. 1981).
— Ariz. Rev. Stat. § 13-1104(AX3) — 1 case
State v. Walton, 650 P.2d 1264 (Ariz. Ct. App. 1982). “The defendant was convicted of second degree murder while armed, in violation of A.R.S. §§ 13-1104 and 13-604(G), following a trial by jury.”
— Ariz. Rev. Stat. § 13-1104(B) — 4 cases
State v. Gurrola, 199 P.3d 693 (Ariz. Ct. App. 2008).
State v. Smith, 831 P.2d 877 (Ariz. Ct. App. 1992).
State v. Griffin, 744 P.2d 10 (Ariz. 1987).
State v. Griffin, 744 P.2d 8 (Ariz. Ct. App. 1986).
— Ariz. Rev. Stat. § 13-1104(C) — 6 cases
State v. Valentini, 299 P.3d 751 (Ariz. Ct. App. 2013).
Kevin William Holland v. State of Arizona (Ariz. Ct. App. 2025).
Kevin William Holland v. State of Arizona (Ariz. Ct. App. 2025).
State v. Davis (Ariz. Ct. App. 2026).
State v. Davis (Ariz. Ct. App. 2026).
— Ariz. Rev. Stat. § 13-1104(a)(2) — 1 case
State of Arizona v. Sergio Fierro Jr, 517 P.3d 635 (Ariz. 2022).
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