39-13-210 - Second degree murder.

39-13-210. Second degree murder.

(a)  Second degree murder is:

     (1)  A knowing killing of another; or

     (2)  A killing of another that results from the unlawful distribution of any Schedule I or Schedule II drug, when the drug is the proximate cause of the death of the user.

(b)  In a prosecution for a violation of this section, if the defendant knowingly engages in multiple incidents of domestic abuse, assault or the infliction of bodily injury against a single victim, the trier of fact may infer that the defendant was aware that the cumulative effect of the conduct was reasonably certain to result in the death of the victim, regardless of whether any single incident would have resulted in the death.

(c)  Second degree murder is a Class A felony.

[Acts 1989, ch. 591, § 1; T.C.A., § 39-13-206; Acts 1990, ch. 980, § 6; 1990, ch. 1038, § 4; 1995, ch. 460, § 2; 2006, ch. 967, § 2.]