(a) Murder in the First Degree. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than who is killed, is murder in the first degree. Murder which is perpetrated by killing a peace officer while such officer is acting in his official capacity or by reason of an act performed in his official capacity and with knowledge that the victim was a peace officer is murder in the first degree. for purposes of this subsection, the term “peace officer” means any Tribal, State or Federal law enforcement officer including, but not limited to, fish and wildlife officer, a Federal park ranger, the chief or sheriff or police officer of an Indian tribe, city or town. Murder in the first degree is a Class F offense.

(b) Murder in the Second Degree. Any murder which does not constitute murder in the first degree is murder in the second degree. Murder in the second degree is a Class F offense.

(a) Voluntary: upon a sudden quarrel or heat of passion.

(b) Involuntary: in the commission of an unlawful act not amounting to a felony, or in the commission in an unlawful manner, or without due caution and circumspection, of a lawful act which might produce death.