Which of the following best describes second-degree murder?

Second-degree murder is characterized by the presence of malice aforethought, which means that the perpetrator has the intent to kill or cause serious harm to someone but does so without premeditation. This distinguishes second-degree murder from first-degree murder, where the act is planned and intentional prior to it occurring.

When someone commits second-degree murder, they may act in the heat of the moment, demonstrating a disregard for human life. The killing arises out of an impulse or extreme emotional disturbance rather than a calculated decision. This is why the choice that states "kills with malice, but without premeditation" accurately captures the essence of second-degree murder, aligning with legal definitions that differentiate it from other degrees of murder based on intent and planning.