Also known as: second-degree felony · second degree felony · felony in the second degree · 2nd degree felony
Written by attorneys · grounded in primary & secondary sources — see below
A classification of felony under the Model Penal Code that applies when a statute grades an offense as a felony of the second degree based on the presence of specified aggravating elements such as the time or place of the crime or the manner in which it is committed.
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Felicia Fuentes piled newspapers against the wall of an insurance company's storage building and lit them at night. She intended the fire to spread and destroy records so she could collect on a doubled policy. The resulting blaze damaged the structure and endangered nearby occupied offices. Because she started the fire to collect insurance, the offense is graded as a felony of the second degree.
Farah Fox forced Fernando Farrell into a van at gunpoint and drove him across state lines to a remote cabin. She held him for ransom for two days but then released him unharmed at a highway rest stop before any trial. The initial removal and confinement satisfy the elements of kidnapping, yet the voluntary safe release reduces the grade to a felony of the second degree.
Fiona Foster compelled Faith Fitzgerald to submit to intercourse by threatening imminent serious bodily injury with a knife. The victim was not a voluntary social companion and had never permitted prior liberties. The use of force and the victim's status elevate the rape to a felony of the second degree.
Felix Franco used a retained key to enter a former client's home after dark while the occupants slept. He intended to steal jewelry from a bedroom safe. Because the entry occurred at night in the dwelling of another, the burglary is graded as a felony of the second degree even though no one was injured.
Foster Forge's employee drove the getaway car during an armed robbery at a jewelry store. A store clerk was killed by the employee's accomplice inside the store. The driver's participation in the underlying felony supports a first-degree murder conviction, but the grading analysis treats the underlying robbery as a felony of the second degree for sentencing purposes.
Freeman Engineering's physician assisted a terminally ill patient by prescribing lethal medication after the patient requested help ending his life. The state statute classifies the conduct as a felony of the second degree when performed after the twenty-sixth week of pregnancy or under certain other conditions. The physician's actions trigger that grading under the applicable provision.
The Model Penal Code assigns the label "felony of the second degree" to certain enumerated offenses. The actual term of imprisonment is set by the sentencing article.
Supporting sources
Kidnapping is a felony of the first degree unless the actor voluntarily releases the victim alive and in a safe place prior to trial, in which case the offense is reduced to a felony of the second degree.
…Code § 400 (T. Hittel ed. 1876)). [^maj-12]: "A person who purposely aids or solicits another to commit suicide is guilty of a felony in the second degree if his conduct causes such suicide or an attempted suicide, and otherwise of a misdemeanor." American Law Institute, Model Penal Code § 210.5(2)(Official Draft and Revised Comments…
…in the first degree even though there is no premeditated design or intent to kill." Id., at 1606. Distinguishing first- and
…would have extended Linda's life and significantly diminished her chances for a complete recovery. The Instruction on Second Degree Felony
…involuntary manslaughter, see, e.g., Heacock v. Commonwealth , 323 S.E.2d 90, 93 (Va. 1984) (cocaine dealer charged with second-degree felony
Supporting sources
Rape is a felony of the second degree unless (i) in the course thereof the actor inflicts serious bodily injury upon anyone, or (ii) the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, in which cases the offense is a felony of the first degree.
Supporting sources
Burglary is a felony of the second degree if it is perpetrated in the dwelling of another at night, or if, in the course of committing the offense, the actor purposely, knowingly, or recklessly inflicts or attempts to inflict bodily injury or is armed with explosives or a deadly weapon.
Supporting sources
A structure qualifies as a dwelling when it is adapted for overnight habitation even if only occasional use occurs. The presence of a cot used for overnight stays during extended monitoring periods can support classifying the building as a dwelling, which elevates nighttime burglary to a felony of the second degree.
Supporting sources