When discussing criminal homicide in the United States, most people are familiar with first- and second-degree murder. However, some states also recognize a lesser but still serious charge: third-degree murder. This category is not universally adopted but plays an important role in jurisdictions where it’s used, typically to describe unintentional killings resulting from reckless or dangerous behavior.

This article explains what third-degree murder is, how it differs from other homicide charges, where it’s recognized in the U.S., and the legal implications of being charged with it.

What Is Third-Degree Murder?

Third-degree murder is a legal classification used in a few states—such as Pennsylvania, Florida, and Minnesota, to define a type of homicide that is unintentional but caused by extremely reckless conduct or criminal negligence. Unlike first- and second-degree murder, third-degree murder does not require intent to kill.

For example, if someone engages in dangerous conduct without regard for human life—such as firing a gun into a crowded area—and someone dies as a result, they may be charged with third-degree murder even if they did not intend to kill.

Jurisdictions That Recognize Third-Degree Murder

Unlike first- and second-degree murder, third-degree murder is not universally recognized across all U.S. states. In fact, it is only formally codified in a small number of jurisdictions, each with its own unique legal interpretation. States that do define third-degree murder typically use it to address unintentional killings that occur under highly reckless or depraved circumstances—or, in some cases, during the commission of certain non-violent felonies. Understanding how this charge is applied in specific states is essential for grasping its legal significance and practical use.

Here are the key states that currently recognize third-degree murder:

Minnesota

Minnesota’s third-degree murder statute is perhaps the most well-known due to its use in high-profile cases like the Derek Chauvin trial. Under Minnesota Statute § 609.195, third-degree murder is defined as:

“Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life.”

This charge applies when someone engages in an extremely reckless act that is dangerous to others, without intending to kill. Notably, the statute requires proof that the defendant’s mindset was so indifferent to human life that it reflected a “depraved mind.” It does not apply when the defendant’s actions were directed toward a specific individual—making the statute unique in scope.

Pennsylvania

In Pennsylvania, third-degree murder serves as a catch-all classification for any murder that doesn’t meet the definitions of first- or second-degree. According to 18 Pa.C.S. § 2502(c):

“All other kinds of murder shall be murder of the third degree.”

This includes killings that are not premeditated (first-degree) and not committed during certain felonies (second-degree, or “felony murder”). It is typically used when a person causes death through reckless conduct that shows an extreme indifference to human life, even if the act wasn’t aimed at any specific person.

Pennsylvania’s broad definition gives prosecutors considerable flexibility, making third-degree murder a frequently charged offense when malice is present but neither intent nor felony participation can be established.

Florida

Florida’s interpretation of third-degree murder is distinct from Minnesota and Pennsylvania. Under Florida Statute § 782.04(4), third-degree murder occurs when:

“A person unintentionally kills another human being while committing or attempting to commit a non-violent felony.”

This is often referred to as “felony murder in the third degree.” Unlike other states, Florida’s law does not require depraved mind or reckless conduct as an element of the crime. Instead, the act of committing a non-violent felony—such as drug possession, theft, or burglary—can elevate an unintentional death to third-degree murder, regardless of the defendant’s intent.

Importantly, the statute excludes certain violent felonies (e.g., robbery, arson, sexual battery), which, if a death results, could lead to more serious charges like first- or second-degree murder.

 

Why Understanding Third-Degree Murder Matters

Although third-degree murder is only recognized in a few states, understanding its legal meaning is essential for navigating the criminal justice system in those jurisdictions. This charge sits between second-degree murder and manslaughter, and its application can significantly affect case outcomes.

• Clarifies legal distinctions: Knowing how third-degree murder differs from other homicide charges helps courts, attorneys, and the public distinguish between levels of culpability—especially in states with multiple murder classifications.
• Informs legal strategy: For both prosecution and defense, understanding the boundaries of third-degree murder can influence how cases are charged, defended, or resolved through plea deals.
• Shapes public interpretation: In high-profile cases, public awareness of what third-degree murder entails can influence reactions to charging decisions and verdicts—particularly when intent and recklessness are debated.

Ultimately, third-degree murder serves as a legal middle ground between intentional killings and lesser offenses tied to negligence. To fully grasp its role in the justice system, it’s important to explore how it differs from first-degree and second-degree murder in terms of intent, planning, and sentencing.

 

How It Differs from Other Types of Murder

Third-degree murder differs primarily in the level of intent and culpability:

Murder Type	Key Characteristics	Common Sentence
First-Degree Murder	Willful, deliberate, and premeditated	Life imprisonment or death
Second-Degree Murder	Intentional, but impulsive and not premeditated	15 years to life
Third-Degree Murder	Unintentional killing due to reckless or dangerous behavior	Up to 15–25 years
Manslaughter	Killing without malice, often due to provocation or negligence	Probation to 11 years

In general, third-degree murder is considered more serious than manslaughter, but less severe than intentional forms of homicide.

Elements of Third-Degree Murder

While definitions vary slightly across states, third-degree murder generally applies to cases where the defendant causes someone’s death through highly reckless or depraved behavior, without any intent to kill. To secure a conviction, prosecutors must typically establish several core elements beyond a reasonable doubt:

1. Unlawful Killing

At the foundation of any murder charge is the requirement that a human being died as a result of the defendant’s actions. In the case of third-degree murder, the prosecution must prove that this death was not legally justified—meaning it didn’t occur in self-defense, defense of others, or under any other lawful circumstance.

2. Lack of Intent to Kill

Unlike first- or second-degree murder, intent to cause death is not required for a third-degree charge. The prosecution must show that the defendant’s actions resulted in death, but they do not have to prove that the defendant meant to kill anyone. This distinguishes third-degree murder from intentional homicides and situates it closer to crimes of extreme recklessness or depravity.

This lack of intent often makes third-degree murder more difficult to prosecute than cases with clear motive or planning, requiring the state to carefully frame the behavior as so dangerous that death was a foreseeable outcome.

3. Reckless or Depraved Conduct

The most defining element of third-degree murder is the presence of “reckless disregard for human life” or what some statutes refer to as a “depraved mind.” This means the defendant engaged in conduct that:

• Was inherently dangerous or life-threatening,
• Demonstrated a conscious disregard for the safety of others,
• Went far beyond typical carelessness or negligence.

Examples might include firing a gun into a crowd, driving at extreme speeds through a school zone, or manufacturing unsafe drugs that lead to death. The prosecution must show that the defendant knew—or should have known—that their actions posed a serious risk of fatal harm

Together, these elements create a legal framework for third-degree murder that captures situations where death results from egregious behavior, even though the perpetrator may not have set out to kill. This standard is particularly important in cases where intent is unclear or absent, but the consequences of the defendant’s actions are fatal and morally blameworthy.

 

Statutory Definitions (Examples from U.S. Law)

• Minnesota Statute 609.195: “Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree.”
• Florida Statute 782.04(4): Defines third-degree murder as the unlawful killing of a human being without intent while engaged in the commission or attempted commission of a non-violent felony.
• Pennsylvania Code Title 18 § 2502(c): Third-degree murder includes all other kinds of murder not classified as first or second degree.

Examples of Third-Degree Murder

Examples of third-degree murder help illustrate how the charge is applied in real-world situations where a death results from extremely reckless or depraved behavior. These cases often involve actions that show disregard for human life, even when there was no intent to kill.

Real-Life Example: Mohamed Noor (Minnesota)

In 2019, former Minneapolis police officer Mohamed Noor was convicted of third-degree murder for the fatal shooting of Justine Damond. Noor fired a shot from inside a police car, killing Damond, who had approached the vehicle. Although he did not intend to kill her, the court found his actions demonstrated reckless disregard for human life.

Scenario-Based Example: Reckless Behavior

A person recklessly drives 90 mph through a neighborhood, hitting and killing a pedestrian. While the driver didn’t intend to harm anyone, the decision to drive that fast in a residential area could qualify for third-degree murder in some jurisdictions.

Sentencing for Third-Degree Murder

Sentences vary by state, but third-degree murder often carries significant penalties:

Jurisdiction	Typical Sentence
Minnesota	Up to 25 years in prison
Florida	Up to 15 years in prison
Pennsylvania	Up to 40 years in prison (maximum)

Factors Influencing Sentencing

While third-degree murder typically carries a statutory sentencing range—such as up to 15, 25, or even 40 years depending on the jurisdiction, the actual sentence imposed can vary significantly based on the circumstances surrounding the crime and the defendant’s background. Judges often weigh both aggravating and mitigating factors when determining the final penalty. Below are several key elements that can influence sentencing outcomes in third-degree murder cases:

 

Criminal History

A defendant’s prior convictions, especially for violent or felony offenses, can result in a harsher sentence. Repeat offenders may be viewed as a continuing threat to society, prompting judges to impose longer prison terms.

 

Level of Recklessness

Not all reckless behavior is equal. If the conduct was especially egregious—such as driving 100 mph through a residential neighborhood or discharging a firearm in a crowded area—the court may treat the offense more severely than if the recklessness was less extreme.

 

Number of Victims

Cases involving multiple deaths or injuries often lead to enhanced penalties. The higher the number of people affected by the defendant’s actions, the more likely a court is to impose consecutive sentences or deny parole eligibility.

 

Use of Drugs or Alcohol

If the defendant was under the influence at the time of the offense, it could either aggravate or mitigate the sentence depending on the context. Voluntary intoxication is typically not a defense, but may be seen as an aggravating factor if it contributed to highly dangerous behavior.

 

Plea Agreements or Cooperation with Law Enforcement

Defendants who accept responsibility early, plead guilty, or assist law enforcement in other investigations may receive a reduced sentence in exchange for their cooperation. Judges often consider such cooperation a sign of remorse or rehabilitation potential.

Third-Degree Murder vs. Manslaughter

While both involve unintentional killings, third-degree murder requires a higher level of recklessness. Manslaughter may involve negligence or provocation, whereas third-degree murder typically involves a conscious disregard for risk.

Aspect	Third-Degree Murder	Manslaughter
Intent	No intent to kill	No intent to kill
Level of Risk	Extreme recklessness or depravity	Negligence or heat of passion
Example	Shooting into a crowd	Fatal car crash due to distraction

Defenses Against Third-Degree Murder Charges

Common legal defenses include:

• Lack of recklessness: Arguing that the behavior did not rise to the level of depraved or dangerous conduct.
• Accidental death: Claiming the act was a tragic accident without criminal intent or negligence.
• Self-defense: Arguing the actions were taken to prevent harm to oneself or others.
• Lack of causation: Showing that the defendant’s actions were not the direct cause of the victim’s death.

The Most High-Profile Third-Degree Murder Cases

Although third-degree murder is used far less frequently than first- or second-degree murder, it has played a central role in several high-profile and widely publicized cases—often prompting legal debate and calls for reform. These cases help illustrate how third-degree murder is applied in practice, especially in situations where intent is unclear but the defendant’s conduct was considered dangerously reckless.

Mohamed Noor (2019 – Minnesota)

Former Minneapolis police officer Mohamed Noor was convicted of third-degree murder and second-degree manslaughter for the fatal shooting of Justine Damond, an unarmed woman who had called 911 to report a possible assault. Noor fired from inside his police vehicle, striking Damond without clearly identifying a threat. He was sentenced to 12.5 years in prison.

Key Impact: Noor’s conviction marked the first time a Minnesota police officer was convicted of murder for an on-duty killing. However, in 2021, the Minnesota Supreme Court overturned the third-degree murder conviction, ruling that the statute only applies when the act is dangerous to others in general—not targeted at a specific individual. Noor was later resentenced on the manslaughter charge.

Derek Chauvin (2020 – Minnesota)

Initially charged with third-degree murder for the killing of George Floyd, former officer Derek Chauvin was later charged and convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter. The prosecution initially filed third-degree charges due to uncertainty about proving intent.

Key Impact: The case triggered international protests and reforms in policing policy. It also sparked a legal debate about how broadly third-degree murder should be interpreted—particularly whether it applies when harm is directed at a single person, as opposed to being a generalized danger to multiple people.

David Anthony (2020 – Florida)

In a lesser-known but relevant case, David Anthony was charged with second-degree murder for killing his estranged wife in Florida. However, as part of a plea agreement, he pleaded guilty to third-degree murder and kidnapping. Prosecutors accepted the plea in exchange for a 38-year sentence.

Key Impact: This case highlights how third-degree murder charges are sometimes used strategically in plea deals—particularly when intent is difficult to prove, but the underlying felony or reckless conduct is clear.

Brandon Theesfeld (2019 – Mississippi)

Although Mississippi does not formally recognize third-degree murder, this case illustrates the challenges around classification. Theesfeld was initially charged with capital murder for the killing of Ally Kostial. Ultimately, he accepted a plea deal for first-degree murder, but legal analysts debated whether a third-degree equivalent would have been more appropriate, had it existed in state law, due to questions around motive and planning.

These cases demonstrate how third-degree murder is used not just to reflect the severity of reckless behavior, but also to navigate the complexities of intent, plea negotiations, and legal precedent. While not as common as other homicide charges, third-degree murder remains a valuable legal tool in cases where the line between carelessness and criminal responsibility becomes tragically blurred.

How Third-Degree Murder Charges Are Prosecuted: Step-by-Step

Prosecuting a third-degree murder case requires a strategic approach built around proving that a defendant’s reckless or depraved actions directly caused another person’s death. Here’s a breakdown of how prosecutors typically handle these cases from investigation to sentencing:

Step 1: Initial Investigation

Law enforcement gathers preliminary evidence and determines whether the death resulted from criminal activity. Investigators look for signs that the defendant engaged in inherently dangerous behavior without the intent to kill.

• Examples: High-speed driving, reckless discharge of a firearm, or operating under the influence.

Step 2: Charging the Offense

Prosecutors review the available evidence and decide whether third-degree murder is the appropriate charge based on:

• Lack of intent to kill
• Extreme recklessness or depraved indifference
• Causation between the act and the victim’s death

If the facts support the criteria for third-degree murder (and the jurisdiction allows it), the charge is formally filed.

Step 3: Gathering Evidence

The prosecution must build a case that clearly shows:

• The defendant’s act was inherently dangerous.
• The victim’s death was a direct result of that act.
• There was no lawful justification, such as self-defense.

Key types of evidence may include:

• Eyewitness testimony to describe the defendant’s behavior.
• Surveillance or bodycam footage showing the event unfold.
• Forensic analysis, including autopsy reports or physical evidence.
• Expert testimony to explain how the conduct posed an extreme risk.

Step 4: Pretrial Process

During this stage, both the prosecution and defense exchange evidence in a process called discovery. The defense may file motions to suppress certain evidence or request a dismissal of charges.

At the same time, plea negotiations may take place—especially if the case has evidentiary challenges or the defense is open to lesser charges.

Step 5: Trial

If no plea deal is reached, the case proceeds to trial. The prosecution must prove beyond a reasonable doubt that:

• The defendant’s actions were criminally reckless or showed a depraved mind.
• Those actions directly caused the victim’s death.
• The death was not accidental or justified.

Each side presents arguments, evidence, and witness testimony. The jury must reach a unanimous verdict.

Step 6: Sentencing

If the defendant is found guilty, a separate sentencing phase may follow. The judge considers several factors, including:

• The level of recklessness
• The defendant’s criminal history
• The presence of aggravating or mitigating circumstances

Sentencing for third-degree murder typically ranges from 15 to 40 years, depending on the state and the specifics of the case.

This structured approach ensures prosecutors carefully navigate the nuances of third-degree murder—balancing the absence of intent with the seriousness of the reckless act that caused a loss of life.

Third-degree murder represents a unique and critical category within U.S. homicide law. While not recognized in every state, it fills a legal gap between intentional killings and those caused by negligence. Understanding the distinctions and legal framework for third-degree murder is essential for legal professionals, policymakers, and anyone interested in the complexities of criminal justice.

Whether it’s through court cases or legislation, third-degree murder continues to shape how our society balances intent, responsibility, and justice.