California Jury Instruction Second Degree Murder
In California, second degree murder is an unlawful killing of a human being with implied malice. ( 187, et seq.) "Murder of the second degree is also the unlawful killing of a human being when:
The killing resulted from an intentional act;
The natural consequences of the act are dangerous to human life;
The act was deliberately performed with knowledge of the danger to, and with conscious disregard for, human life.
When the killing is the direct result of such an act, it is not necessary to prove that the defendant intended that the act would result in the death of a human being." (CALJIC No. 8.31 (6th ed. 1996).)
The Florida jury instruction defining the crime of second degree murder provided:
"Before you can find the defendant guilty of Second Degree Murder, the State must prove the following three elements beyond a reasonable doubt: Number one, the victim is dead; number two, the death was caused by the criminal act of the defendant; and number three, there was an unlawful killing of the victim by an act imminently dangerous to another and demonstrating a depraved mind without regard for human life. . . .An act is imminently dangerous to another and demonstrating a depraved mind if it is an act or series of acts that: Number one, a person of ordinary judgment would know is reasonably certain to kill or do serious bodily injury to another; number two, is done from ill will, hatred, spite, or an evil intent; and, number three, is of such a nature that the act itself indicates an indifference to human life."