Which statement best describes the elements of Second Degree Intentional Homicide?

• A. Death by negligence
• B. Death with intent to kill but without mitigating circumstances
• C. Death of a person with the intent to kill with mitigations
• D. Death by reckless conduct

Answer: (C)

Second Degree Intentional Homicide rests on two key elements: the death of a person, and the offender acting with the intent to kill, without premeditation. The presence of mitigating circumstances does not remove the required intent to kill, and that combination is what keeps it in the second-degree level rather than a more severe or lesser category. So, describing the death as caused with the intent to kill and noting mitigating factors best captures this offense’s defining feature: intent to kill without premeditation. The other options describe outcomes or mental states that don’t match this offense (negligence, reckless conduct, or absence of intent).