Depraved Indifference Murder in New York State: Proving Depravity in Vehicular Homicide Cases

Authors

Jolie Bodner Zangari, Touro University Jacob D. Fuchsberg Law Center

Abstract

Depraved indifference murder is one of the most complex theories of proving criminal liability for causing the death of another person. New York’s depraved indifference murder statute exists in Article 125 of the Penal Law of the State of New York, under section 125.25(2) as the second subdivision of Murder in the second degree. Its definition in the Penal Law is as follows: “A person is guilty of murder in the second degree when . . . Under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person . . . .”1 This statute allows for the punishment of an unintentional killing as if the defendant’s conduct to cause the death was intentional. Thus, in New York State, those convicted of depraved indifference murder are facing the same maximum punishment as those convicted of intentional murder.

Recommended Citation

Bodner Zangari, Jolie (2025) "Depraved Indifference Murder in New York State: Proving Depravity in Vehicular Homicide Cases," Touro Law Review: Vol. 40: No. 4, Article 9.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol40/iss4/9