T.P.I. -- CRIM. 7.05(a)

SECOND DEGREE MURDER (Knowing Killing of Another)

            Any person who commits second degree murder is guilty of a crime.

            For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:¹

            (1) that the defendant unlawfully killed the alleged victim;

and

            (2) that the defendant acted knowingly.

            "Intentionally" means that a person acts intentionally  when it is the person's conscious objective or desire to cause the death of the alleged victim.²

            "Knowingly" means that a person acts with an awareness that [his] [her]

conduct is reasonably certain to cause the death of the alleged victim.3

            [The requirement of "knowingly" is also established if it is shown that the defendant acted intentionally.]4

            The distinction between voluntary manslaughter and second degree murder is that voluntary manslaughter requires that the killing result from a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.

FOOTNOTES

  1.  Tenn. Code Ann. § 39-13-210(a).

2.         State v. Page, ___S.W.3d___; No. M2001-01853-CCA-R3-CD (Tenn. Crim. App. April 16, 2002).

3.         State v. Page, ___S.W.3d___; No. M2001-01853-CCA-R3-CD (Tenn. Crim.      

       App. April 16, 2002).

  4.  Tenn. Code Ann. § 39-11-301(a)(2). 

COMMENTS

            1.  Second degree murder is a Class A felony.  Tenn. Code Ann. § 39-13-210(b).

            2.   A violation of Tenn. Code Ann. § 39-15-401, child abuse and neglect, may be a lesser included offense of second degree murder.  Tenn. Code Ann. § 39-15-401(d).

            3.  If the definition of an offense within Title 39 does not plainly dispense with a mental element, intent, knowledge or recklessness suffices to establish the culpable mental state.  Tenn. Code Ann. § 39-11-301(c).