Murder in United States law

In the United States, the law for murder varies by jurisdiction. In many US jurisdictions there is a hierarchy of acts, known collectively as homicide, of which first-degree murder and felony murder are the most serious, followed by second-degree murder and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least serious, and ending finally in justifiable homicide, which is not a crime. However, because there are at least 52 relevant jurisdictions, each with its own criminal code, this is a considerable simplification.

Sentencing also varies widely depending upon the specific murder charge. "Life imprisonment" is a common penalty for first-degree murder, but its meaning varies widely.

Capital punishment is a legal sentence in 27 states, and in the federal civilian and military legal systems, though 8 of these states and the federal government have indefinitely suspended the practice. The United States is unusual in actually performing executions, with 34 states having performed executions since capital punishment was reinstated in 1976. The methods of execution have varied, but the most common method since 1976 has been lethal injection. In 2019 a total of 22 people were executed, and 2,652 people were on death row.

The federal Unborn Victims of Violence Act, enacted in 2004 and codified at 18 U.S. Code § 1841, allows for a fetus to be treated as victims in crimes. Subsection (c) of that statute specifically prohibits prosecutions related to consented abortions and medical treatments.

Jurisdiction

If murder is committed within the borders of a state, that state has jurisdiction, and in a similar way, if the crime is committed in the District of Columbia, the D.C. Superior Court (the equivalent of a state court in the District) retains jurisdiction, though in some cases involving U.S. government property or personnel, the federal courts may have exclusive jurisdiction.

If, however, the victim is a federal official, an ambassador, consul, or other foreign official under the protection of the United States, or if the crime took place on federal property or involved crossing state borders, or in a manner that substantially affects interstate commerce or national security, then the federal government also has jurisdiction. If a crime is not committed within any state, then federal jurisdiction is exclusive, for example vessels of the U.S. Navy or the U.S. Merchant Marine in international waters and U.S. military bases worldwide. Recently, the Supreme Court, in the McGirt decision, reaffirmed that major crimes within the reservation boundaries of Native American tribes, for which a tribal member is suspected, must be investigated and prosecuted by the federal, not state, government. Federal penalties will apply if found guilty.

In addition, murder by a member of the United States Armed Forces of a prisoner while under custody of the United States Armed Forces is in violation of Article 118 of the Uniform Code of Military Justice and can result in the perpetrator being tried by a general court-martial, subjecting to certain types of jurisdictions within its own borders or with foreign nations.

Jurisdiction over the crime of murder can be complex as a result of the principle of "dual sovereignty" that is part of federalism. In cases where a murder involves both state and federal jurisdiction, the offender can be tried and punished separately for each crime without raising issues of double jeopardy, unless the court believes that the new prosecution is merely a "sham" forwarded by the prior prosecutor. In the United States there is no statute of limitations on the crime of murder.

Degrees

The first division of the general crime of murder into graded subcategories was enacted into the law of Pennsylvania in 1794. This enactment is often explained in terms of a desire to narrow the scope of application of capital punishment in that state and in the other states which subsequently graded murder into "first" and "second" degrees. The English common law, which had been received into the laws of the U.S. states, at the time applied capital punishment to a large number of crimes; as a result, states statutorily divided the crime of murder into first and second degrees, and began applying capital punishment only to criminals convicted of first-degree murder. By 1953, three states—namely Florida, Minnesota, and Wisconsin—had further created the subcategory of third-degree murder.

States have adopted several different systems for classifying murders by degree. The most common separates murder into two degrees (first- and second-degree murder), and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder, instead of third-degree murder.

First-degree murder

Any intentional killing that is willful and premeditated with malice aforethought. Felony murder, a charge that may be filed against a defendant who is involved in a dangerous crime where a death results from the crime, is typically first-degree, but may also be second-degree.

Second-degree murder

Any intentional killing that is not premeditated or planned. A situation in which the killer intends only to inflict serious bodily harm, knowing this could result in death but with no specific intent to kill, constitutes depraved-heart murder, which can be considered as second-degree murder.

Voluntary manslaughter

Sometimes called a crime of passion murder and informally called third–degree murder, this is any intentional killing that involves no prior intent to kill and which was committed under such circumstances that would "cause a reasonable person to become emotionally or mentally disturbed". Both this and second-degree murder are committed on the spot under a spur-of-the-moment choice, but the two differ in the magnitude of the circumstances surrounding the crime. For example, a bar fight that results in death would ordinarily constitute second-degree murder. If that same bar fight stemmed from a discovery of infidelity, however, it may be voluntary manslaughter.

Involuntary manslaughter

A killing that stems from a lack of intention to cause death but involving an intentional act of negligence, which may or may not be premeditated, leading to death. A drunk driving-related death is typically involuntary manslaughter (see also vehicular homicide, causing death by dangerous driving, (gross negligence manslaughter), and (causing death by criminal negligence) for international equivalents). Note that the "unintentional" element here refers to the lack of intent to bring about the death. All three crimes above feature an intent to kill, whereas involuntary manslaughter is "unintentional", because the killer did not intend for a death to result from their intentional actions. If there is a presence of intention it relates only to the intent to cause a violent act which brings about the death, but not an intention to bring about the death itself. However, there are exceptions, such as felony murder and depraved-heart murder, the latter of which can be considered as voluntary manslaughter or second-degree murder, instead of involuntary manslaughter, despite the lack of explicit intention to kill.

The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposely and knowingly, even if it is a crime of passion murder without malice aforethought, manslaughter is any killing committed as a result of recklessness (also known as depraved-heart murder), and negligent homicide is any killing resulting from negligence.

Some states classify murders differently. In Pennsylvania, first-degree murder encompasses premeditated murders, second-degree murder encompasses accomplice liability, and third-degree serves as a catch-all for other murders. In New York, first-degree murder involves "special circumstances", such as the murder of a police officer or witness to a crime, multiple murders, or murders involving torture. Under this system, second-degree murder is any other premeditated murder.

The New York statutes also recognize "murder for hire" as first-degree murder. Texas uses a scheme similar to New York's, but refers to first-degree murder as "capital murder", a term which typically applies only to those crimes that merit the death penalty. Some states, such as Florida, do not separate the two kinds of manslaughter.

Degrees of murder in U.S. states and territories

Jurisdiction	1st degree	2nd degree	3rd degree	Other named categories	Source
Federal	Yes	Yes	No	No
Alabama	No	No	No	Murder
Alaska	Yes	Yes	No	No
American Samoa	Yes	Yes	No	No
Arizona	Yes	Yes	No	No
Arkansas	Yes	Yes	No	Capital murder
California	Yes	Yes	No	No
Colorado	Yes	Yes	No	No
Connecticut	No	No	No	Murder, Murder with special circumstances, Felony murder, Arson murder
Delaware	Yes	Yes	No	No
District of Columbia	Yes	Yes	No	No
Florida	Yes	Yes	Yes	No
Georgia	No	Yes	No	Murder, Felony murder
Guam	No	No	No	Murder, Aggravated murder
Hawaii	Yes	Yes	No	No
Idaho	Yes	Yes	No	No
Illinois	Yes	Yes	No	No
Indiana	No	No	No	Murder
Iowa	Yes	Yes	No	No
Kansas	Yes	Yes	No	Capital murder
Kentucky	No	No	No	Murder
Louisiana	Yes	Yes	No	No
Maine	No	No	No	Murder, Felony murder
Maryland	Yes	Yes	No	No
Massachusetts	Yes	Yes	No	No
Michigan	Yes	Yes	No	No
Minnesota	Yes	Yes	Yes	No
Mississippi	Yes	Yes	No	Capital murder
Missouri	Yes	Yes	No	No
Montana	No	No	No	Deliberate homicide, Mitigated deliberate homicide
Nebraska	Yes	Yes	No	No
Nevada	Yes	Yes	No	No
New Hampshire	Yes	Yes	No	Capital murder
New Jersey	No	No	No	Murder
New Mexico	Yes	Yes	No	No
New York	Yes	Yes	No	Aggravated murder
North Carolina	Yes	Yes	No	Murder of an unborn child
North Dakota	No	No	No	Murder
Northern Mariana Islands	Yes	Yes	No	No
Ohio	No	No	No	Murder, Aggravated murder
Oklahoma	Yes	Yes	No	No
Oregon	No	No	No	Murder, Aggravated murder
Pennsylvania	Yes	Yes	Yes	No
Puerto Rico	Yes	Yes	No	No
Rhode Island	Yes	Yes	No	No
South Carolina	No	No	No	Murder
South Dakota	Yes	Yes	No	No
Tennessee	Yes	Yes	No	No
Texas	No	No	No	Murder, Capital murder
U.S. Virgin Islands
Utah	No	No	No	Murder, Aggravated murder
Vermont	Yes	Yes	No	No
Virginia	Yes	Yes	No	Capital murder
Washington	Yes	Yes	No	No
West Virginia	Yes	Yes	No	No
Wisconsin	No	No	No	First-degree intentional homicide, first-degree reckless homicide, felony murder
Wyoming	Yes	Yes	No	No

Fetal killing

Fetal homicide laws in the United States

  "Homicide" or "murder"

  Other crime against fetus

  Depends on age of fetus

  Assaulting mother

  No law on feticide

Under the common law, an assault on a pregnant woman resulting in a stillbirth was not considered murder. Remedies were limited to criminal penalties for the assault on the mother and tort action for loss of the anticipated economic services of the lost child, for emotional pain and suffering, or both. With the widespread adoption of laws protecting unborn life, the assailant could be charged with that offense, but the penalty was often only a fine and a few days in jail. A number of states have passed "fetal homicide" laws, making killing of a fetus murder; the laws differ about the stage of development at which the fetus is protected.

After several well-publicized cases, Congress in 2004 passed the Unborn Victims of Violence Act, which specifically criminalizes harming a fetus, with the same penalties as for a similar attack upon a person, when the attack would be a federal offense. Most such attacks fall under state laws; for instance, Scott Peterson was convicted of killing his unborn son as well as his wife under California's pre-existing fetal homicide law.

Sentencing guidelines

Arizona

In Arizona, a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. First-degree murder must be premeditated. In the state of Arizona, if one is found guilty of first-degree murder, there is the possibility of receiving the death penalty, life without the possibility of parole, or life.

California

If a person is convicted of first-degree murder in California, that person may face a sentence of life in prison without the possibility of parole, or the death penalty. At minimum, they will face a sentence of 25 years-to-life in prison, and thus must serve at least 25 years before being eligible for parole. The punishment for the crime of first-degree murder in California is upgraded to a minimum of life imprisonment without the possibility of parole or execution of the murderer in at least the following circumstances:

• The murder was intentional and carried out for financial gain
• Previous conviction of a murder
• The murder was committed by means of a bomb, destructive device, or poison
• The victim was a judge, prosecutor, fireman, policeman, juror, or witness
• The murder was intentional and involved the infliction of torture
• The murder was committed while the defendant was engaged in, or was an accomplice in, the commission of, attempted commission of, or the immediate flight after committing, or attempting to commit... [various other violent or sexual felonies]
• The murder was intentional and perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person or persons outside the vehicle with the intent to inflict death
• The defendant intentionally killed the victim by means of lying in wait.
• The victim was intentionally killed because of his or her race, color, religion, nationality, or country of origin.
• The murder was committed for the purpose of avoiding or preventing a lawful arrest, or perfecting or attempting to perfect, an escape from lawful custody.
• The defendant intentionally killed the victim while the defendant was an active participant in a criminal street gang, as defined in subdivision (f) of Section 186.22, and the murder was carried out to further the activities of the criminal street gang.

A person convicted of second-degree murder in California will face a sentence of 15 years-to-life in prison, and thus must serve at least 15 years in prison before being eligible for parole.

Punishments are increased if the murder victim was a police officer, or was killed during a drive-by shooting.

If a gun was used during the murder, the punishment will include an additional 10, 20, or 25 years to life prison sentence. Those convicted will also receive a strike on their criminal record, and fines of up to $10,000. They will also have to pay restitution to victims, and will no longer be allowed to own a gun.

Florida

In Florida, a person is guilty of first-degree murder when it is perpetrated from a premeditated design to result in the death of a human being. A person is also guilty of first-degree murder if they cause the death of any individual during the commission of a predicate felony regardless of actual intent or premeditation. This is called felony murder. This offense is categorized as capital offense, so if convicted, the offender could possibly receive the death penalty.

Second-degree murder is depraved-heart murder; third-degree murder is felony murder where the underlying felony is not one of the enumerated felonies falling under first-degree felony murder.

The exact statutory definition of third-degree murder is "[t]he unlawful killing of a human being, when perpetrated without any design to effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate, any felony other than" nineteen enumerated categories of felonies. It constitutes a second-degree felony. Second-degree felonies are punishable by a maximum of 15 years' imprisonment ordinarily, a maximum of 30 years for a habitual felony offender, or 30 to 40 years for a violent career criminal.

The nineteen enumerated categories of felonies falling under first-degree murder rather than third-degree murder are drug trafficking; arson; sexual battery; robbery; burglary; kidnapping; prison escape; aggravated child abuse; aggravated abuse of an elderly person or disabled adult; aircraft piracy; unlawful distribution of cocaine, opium, or other controlled substances when such drug is proven to be the proximate cause of the death of the user; carjacking; home-invasion robbery; aggravated stalking; murder of another human being; unlawful throwing, placing, or discharging of a destructive device or bomb; aggravated fleeing or eluding with serious bodily injury or death; resisting an officer with violence to his or her person; or terrorism or an act in furtherance of terrorism.

Hawaii

The state of Hawaii has no death penalty. If they are found guilty, the maximum penalty is life imprisonment without the possibility of parole. A first-degree murder involves one or more specific elements:

• Multiple victims killed
• A public safety official, such as a police officer, firefighter, or paramedic/EMT killed
• A judge or prosecutor killed (in connection with their respective duties)
• A witness in a criminal case killed (in connection with the person being a witness)
• Murder committed for hire (with the charge applying to both the murderer and the person who paid the murderer)
• Murder committed by an imprisoned person
• Murder committed under organized crime (refer to RICO act)

Louisiana

Louisiana states homicide in the third-degree is manslaughter. There are other specific guidelines, for example, the killing of a police officer or firefighter is an automatic first-degree charge, and intent to kill more than one person is automatically a first-degree charge. In the state of Louisiana convicted murderers can receive life imprisonment or the death penalty.

Michigan

In Michigan, a person is found guilty of first-degree murder when murder is perpetrated by means of poison, lying in wait, or any other willful, deliberate, and premeditated killing. In Michigan, the top penalty the perpetrator can receive is life imprisonment.

Minnesota

Minnesota law originally defined third-degree murder solely as depraved-heart murder ("without intent to effect the death of any person, caus[ing] the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life"). In 1987, an additional drug-related provision ("without intent to cause death, proximately caus[ing] the death of a human being by, directly or indirectly, unlawfully selling, giving away, bartering, delivering, exchanging, distributing, or administering a controlled substance classified in Schedule I or II") was added to the definition of third-degree murder. Up until the early 2000s, prosecutions under that provision were rare, but they began to rise in the 2010s. Some reports linked this increase in prosecutions to the opioid epidemic in the United States.

Minnesota law also defines the crime of third-degree murder of an unborn child, with the same elements of depraved mind and lack of intent to kill distinguishing it from first- or second-degree murder of an unborn child. Both third-degree murder and third-degree murder of an unborn child are punishable by a maximum of 25 years' imprisonment.

Nevada

In Nevada, first-degree murder is the unlawful killing of a human being with malice aforethought, either expressed or implied. If a serial killer is found guilty with aggravating circumstances, for example killing someone with torture or killing a stranger with no apparent motive, then the state can seek the death penalty or a sentence of life without parole.

New Mexico

New Mexico once divided the crime of murder into five different degrees. A legal scholar writing in 1953 (by which time this level of division had been abolished) described this as the "all-time 'record'" for dividing murder into degrees. The definitions were as follows:

• first degree: premeditated killing (punished by life imprisonment)
• second-degree murder was further divided into two kinds
  • killing while committing a felony (punished by 7 to 14 years' imprisonment)
  • killing with an extremely reckless state of mind (punished by life imprisonment)
• third degree: assisting suicide, killing of an unborn child, and other acts of that nature (punished by 3 to 10 years' imprisonment)
• fourth degree: killing in the heat of passion, killing while committing a misdemeanour (punished by 1 to 7 years' imprisonment)
• fifth degree: "every other killing" that is not justifiable (punished by a maximum fine of $1,000, up to 10 years' imprisonment, or some combination of these)

In the 1884 Compiled Laws of New Mexico, third-degree murder included assisting a suicide (§ 696), killing of an unborn child by injury to the mother (§ 697), administration of abortifacient causing death of an unborn child or its mother (§ 698), unintentional killing of a human being in the heat of passion in a cruel or unusual manner (§ 699), and unintentional death caused by an intoxicated physician (§ 701).

Pennsylvania

Pennsylvania law defines third-degree murder as a murder which is neither a first-degree murder ("criminal homicide ... committed by an intentional killing") nor a second-degree murder ("committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony"). For purposes of that section, "felony" is specifically defined as "engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping." There are also parallel crimes of first-degree, second-degree, and third-degree murder of an unborn child. There does not exist the crime of third-degree murder of a law-enforcement officer, only first-degree and second-degree. Third-degree murder and third-degree murder of an unborn child are punishable by a maximum of 40 years' imprisonment.

Third-degree murder was introduced to Pennsylvania law in a 1974 amendment, at the same time as second-degree murder was redefined as felony murder; prior to that, second-degree murder had been defined as any murder not a first-degree murder. The common-law definition of murder as homicide "with malice aforethought" remains in force in Pennsylvania. A conviction for third-degree murder does not require intent to kill as in first-degree murder, but it still requires malice. In general, Pennsylvania courts have ruled that the standard of "malice" required for a conviction of third-degree murder is the same as that required for aggravated assault: not just "ordinary negligence" nor "mere recklessness", but "a higher degree of culpability, i.e., that which considers and then disregards the threat necessarily posed to human life by the offending conduct". A defense of diminished capacity may reduce first-degree murder to third-degree murder.

The crime known as had originally been classified as another form of third-degree murder under Pennsylvania law. In Commonwealth v. Ludwig (2005), the Supreme Court of Pennsylvania ruled that this meant that conviction for the crime required the same element of malice as in any other third-degree murder. In response to this ruling, the Pennsylvania General Assembly amended the definition of the crime in 2011 to reclassify it as general criminal homicide rather than specifically as third-degree murder, thus removing the requirement of malice. However, the maximum sentence remained the same 40 years' imprisonment as for third-degree murder.

Wisconsin

Soon after statehood, Wisconsin enacted statutes repealing the common law crime of murder, creating the statutory crime of murder and dividing the statutory crime of murder into three degrees, with the third encompassing felony murder. For example, the 1849 Revised Statutes defined third-degree murder as a killing "perpetrated without any design to effect the death, by a person engaged in the commission of any felony". The 1956 Criminal Code in § 940.03 defined third-degree murder as causing the death of another "in the course of committing or attempting to commit a felony ... as a natural and probable consequence of the commission of or attempt to commit the felony", and provided that the sentence for the underlying felony could thus be extended by 15 years. This was described by some commentators as a "hybrid" between the common-law felony murder rule and the civil law approach of treating an unintentional death as a "penalty-enhancer" to the punishment for the underlying felony. The 1988 revision of § 940.03 removed the term "third-degree murder" entirely and re-entitled the section as "felony murder".

Washington

In the state of Washington, a person may be convicted of first-degree murder when there is a premeditated intent to cause the death of another person. Murder in the first-degree is a class A felony in the state of Washington. If a person is convicted of first-degree murder, they will not receive anything lower than life imprisonment.

The offender can possibly get a charge of aggravated first-degree murder if they commit first-degree murder and have an aggravating circumstance, for example if they kill a public safety official, such as a police officer, firefighter, or paramedic. In this case, the offender can receive the death penalty. However, in October 2018, the Washington State Supreme Court ruled that execution could no longer be used as a penalty for any crime.

See also

• Law portal

• Crime in the United States
• Crime of passion
• Criminal negligence
• Depraved-heart murder
• Felony murder and the death penalty in the United States
• List of murder laws by country
• Whole life order, an equivalent life-without-parole sentence given for murder, under certain aggravating circumstances, under English criminal law

Notes

1. AL Code § 13A-6-2.
2. AK Statutes § 11.41.100. Murder in the first degree.
3. AK Statutes § 11.41.110. Murder in the second degree.
4. AS Code § 46.3502. Murder in the 1st degree.
5. AS Code § 46.3503. Murder in the 2nd degree.
6. AZ Rev Stat § 13-1105. First-degree murder. Classification.
7. AZ Rev Stat § 13-1104. Second-degree murder. Classification.
8. AR Code § 5-10-102. Murder in the first degree.
9. AR Code § 5-10-103. Murder in the second degree.
10. AR Code § 5-10-103. Capital murder.
11. CA Penal Code § 189.
12. CO Rev Stat § 18-3-102. Murder in the first degree.
13. CO Rev Stat § 18-3-103. Murder in the second degree.
14. CT Gen Stat § 53a-54a. Murder.
15. CT Gen Stat § 53a-54b. Murder with special circumstances.
16. CT Gen Stat § 53a-54c. Felony murder.
17. CT Gen Stat § 53a-54d. Arson murder.
18. DE Code § 634 Murder by abuse or neglect in the first degree; class A felony; § 636 Murder in the first degree; class A felony.
19. DE Code § 633 Murder by abuse or neglect in the second degree; class B felony; § 635 Murder in the second degree; class A felony.
20. DC Code § 22–2101. Murder in the first degree — Purposeful killing; killing while perpetrating certain crimes; § 22–2102. Murder in the first degree — Placing obstructions upon or displacement of railroads.
21. DC Code § 22–2103. Murder in the second degree.
22. FL Statutes § 782.04(1)(a)
23. FL Statutes § 782.04(2)
24. FL Statutes § 782.04(4)
25. GA Code § 16-5-1. Murder in the second degree
26. GA Code § 16-5-1. Murder; felony murder.
27. GU Code § 16.40. Murder Defined.
28. GU Code § 16.30. Aggravated Murder Defined.
29. HI Rev Stat § 707-701. Murder in the first degree.
30. HI Rev Stat § 707-701.5. Murder in the second degree.
31. ID Statutes § 18-4003. Degrees of murder.
32. Sec. 9-1. First-degree Murder - Death penalties – Exceptions – Separate Hearings – Proof – Findings – Appellate procedures – Reversals.
33. Sec. 9-2. Second-degree murder.
34. IN Code § 35-42-1-1. Murder.
35. IA Code § 707.2. Murder in the first degree.
36. IA Code § 707.3. Murder in the second degree.
37. KS Stat §21-5402. Murder in the first degree.
38. KS Statutes §21-5401. Murder in the second degree.
39. KS Stat §21-5401. Capital murder.
40. KY Rev Stat § 507.020 (2017). Murder.
41. LA Rev Stat § 30. First degree murder.
42. LA Rev Stat § 30.1. Second degree murder.
43. 17-A ME Rev Stat §201. Murder.
44. 17-A ME Rev Stat §202. Felony murder.
45. MD Code § 2-201. Murder in the first degree
46. MD Code § 2-204. Murder in the second degree (Amendment effective October 1, 2017.)
47. MI Compiled Laws § 750.316 First degree murder; penalty; definitions.
48. MI Compiled Laws § 750.317 Second degree murder; penalty.
49. MN Statutes § 609.185. Murder in the first degree.
50. MN Statutes § 609.19 Murder in the second degree.
51. MN Statutes § 609.195 Murder in the third degree.
52. MS Code § 97-3-19(1)(a), (1)(c), (1)(d).
53. MS Code § 97-3-19(1)(b).
54. MS Code § 97-3-19(2).
55. MO Rev Stat § 565.020 (2016). First degree murder, penalty — person under eighteen years of age, penalty.
56. MO Rev Stat § 565.021 (2016). Second degree murder, penalty.
57. MT Code § 45-5-102 (2017). Deliberate homicide.
58. MT Code § 45-5-103 (2017). Mitigated deliberate homicide.
59. NE Rev Stat § 28-303 (2017). Murder in the first degree; penalty.
60. NE Rev Stat § 28-304 (2017). Murder in the second degree; penalty.
61. NV Rev Stat § 200.030. Degrees of murder; penalties.
62. NH Statutes § 630:1-a. First Degree Murder.
63. NH Statutes § 630:1-b. Second Degree Murder.
64. NH Statutes § 630:1. Capital Murder.
65. NJ Statutes § 2C:11-3. Murder.
66. NM Statutes § 30-2-1(A).
67. NM Statutes § 30-2-1(B).
68. NY PEN § 125.27. Murder in the first degree.
69. NY PEN § 125.25. Murder in the second degree.
70. NY PEN § 125.26. Aggravated murder.
71. NC Gen Stat § 14-17. Murder in the first and second degree defined; punishment.
72. NC Gen Stat § 14-23.2. Murder of an unborn child; penalty.
73. ND Code § 12.1-16-01. Murder.
74. MP Code § 1101(a). First Degree Murder.
75. MP Code § 1101(b). Second Degree Murder.
76. OH Revised Code § 2903.02.
77. OH Revised Code § 2903.01.
78. OK Stat § 21-701.7. Murder in the first degree.
79. OK Stat § 21-701.8. Murder in the second degree.
80. OR Rev Stat § 163.115 - Murder; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term.
81. OR Rev Stat § 163.095 (2017). "Aggravated murder" defined.
82. 18 PA Cons Stat § 2502(a). Murder of the first degree.
83. 18 PA Cons Stat § 2502(b). Murder of the first degree.
84. 18 PA Cons Stat § 2502(c). Murder of the first degree.
85. P.R. Laws tit. 33, § 4734
86. P.R. Laws tit. 33, § 4734
87. RI Gen L § 11-23-1 (2013). Murder.
88. SC Code § 16-3-10.
89. SD Codified Laws § 22-16-4. Homicide as murder in the first degree.
90. SD Codified Laws § 22-16-7. Homicide as murder in the second degree.
91. TN Code § 39-13-202. First degree murder.
92. TN Code § 39-13-202. Second degree murder.
93. TX Penal Code § 19.02. Murder.
94. TX Penal Code § 19.03. Capital Murder.
95. UT Criminal Code § 203. Murder.
96. UT Criminal Code § 202. Aggravated murder.
97. VT Statutes § 2301. Murder-Degrees defined.
98. VA Code § 18.2-32. First and second degree murder defined; punishment
99. VA Code § 18.2-31. Capital murder defined; punishment.
100. WA Rev Code § 9A.32.030. Murder in the first degree
101. WA Rev Code § 9A.32.050. Murder in the second degree
102. WV Code § 61-2-1. First and second degree murder defined; allegations in indictment for homicide.
103. WI Stat § 940.01. First-degree intentional homicide.
104. WI Stat § 940.02. First-degree reckless homicide.
105. WI Stat § 940.03. Felony murder.
106. WY Code § 6-2-101. Murder in the first degree; penalty.
107. WY Code § 6-2-104. Murder in the second degree; penalty.

References

1. Binder, Guyora (May 9, 2012). Felony Murder. Stanford University Press. ISBN 978-0-8047-8170-1.
2. "Statistical Abstract of the United States". U.S. Census Bureau. Government Printing Office. p. 187. Retrieved September 10, 2017.
3. Cohen, Thomas H.; Reaves, Bryan A. (February 1, 2006). "Felony Defendants in Large Urban Counties, 2002". Bureau of Justice Statistics. U.S. Department of Justice. Retrieved September 10, 2017.
4. Bosman, Julie (May 27, 2015). "Nebraska Bans Death Penalty, Defying a Veto". The New York Times.
5. "State by State".
6. "Death Sentences and Executions 2013" (PDF). Amnesty International. 2014. Retrieved September 10, 2017.
7. "Executions by year since 1976". Death Penalty Information Center. June 4, 2015. Retrieved July 3, 2015.
8. "2019".
9. "The Death Penalty in 2019: Year End Report".
10. "18 U.S. Code § 1841 – Protection of unborn children". Legal Information Institute. Cornell Law School. Retrieved September 10, 2017.
11. See generally, "U.S. Code: Title 18 – Crimes and Criminal Procedure". Legal Information Institute. Cornell Law School. Retrieved September 10, 2017.
12. "Koon v. United States, 518 US 81, 116 S. Ct. 2035, 135 L. Ed. 2d 392 (1996)". Google Scholar. Retrieved September 10, 2017.
13. Siegel, Larry J. (2014). Criminology: The Core. Cengage Learning. p. 268. ISBN 978-1285068909. Retrieved September 10, 2017.
14. Brenner, Frank (1953). "The Impulsive Murder and the Degree Device". Fordham Law Review. 22 (3): 274. Retrieved March 13, 2018.
15. Brenner 1953, p. 275
16. Brenner 1953, p. 278
17. "First Degree Murder Overview". FindLaw. Retrieved September 10, 2017.
18. "Voluntary Manslaughter: Definition". FindLaw. Retrieved September 10, 2017.
19. "Involuntary Manslaughter Overview". FindLaw. Retrieved September 10, 2017.
20. Criminal Law. Minnesota: M Libraries Publishing. 2015. ISBN 9781946135087. Retrieved September 10, 2017. Sec. 9.2, Murder.
21. See, e.g., "New York Penal Code, Sec. § 125.27 Murder in the first-degree". NY State Senate. Retrieved September 10, 2017.
22. See, e.g., "New York Penal Code, Sec. § 125.25 Murder in the second-degree". New York State Senate. Retrieved September 10, 2017.
23. 18 U.S.C. § 1111(a)
24. "Alabama Code Title 13A (Criminal Code), Chapter 6 (Offences Involving Danger to the Person), Article 1 (Homicide)". findlaw.com. Retrieved March 13, 2018.
25. "Alaska Statutes Title 11 (Criminal Law), Chapter 41 (Offenses Against the Person), Article 1 (Homicide)". findlaw.com. Retrieved March 13, 2018.
26. "Alaska Manslaughter Laws". findlaw.com. Retrieved March 13, 2018.
27. "American Samoa Code Annotated, Title 46 (Criminal Justice), Chapter 35 (Offenses Against the Person)". American Samoa Bar Association. Retrieved March 13, 2018.
28. "Arizona Revised Statutes Title 13 (Criminal Code), Chapter 11 (Homicide)". Arizona State Legislature. Retrieved March 13, 2018.
29. "Arkansas Code Title 5 (Criminal Offenses), Subtitle 2 (Offenses Against The Person), Chapter 10 (Homicide)". justia.com. 2015. Retrieved March 13, 2018.
30. "California Penal Code, Part 1 (Of Crimes and Punishments), Title 8 (Offenses Against the Person), Chapter 1 (Homicide)". California State Assembly. Retrieved March 13, 2018.
31. "California First Degree Murder Law". findlaw.com. Retrieved March 13, 2018.
32. "Colorado Revised Statutes, Title 18 (Criminal Code), Article 3 (Offenses Against the Person), Part 1 (Homicide and Related Offenses)" (PDF). Colorado General Assembly. 2017. Archived (PDF) from the original on March 13, 2018. Retrieved March 13, 2018.
33. "Connecticut General Statutes, Title 53a (Penal Code), Chapter 952 (Penal Code: Offenses), Part VI (Homicide)". Connecticut General Assembly. 2012. Retrieved March 13, 2018.
34. "Delaware Code, Title 11 (Crimes and Criminal Procedure), Chapter 5 (Specific Offenses), Subchapter II (Offenses Against the Person), Part B (Acts Causing Death)". State of Delaware. Retrieved March 13, 2018.
35. "Code of the District of Columbia, Title 22 (Criminal Offenses and Penalties), Chapter 21 (Murder; Manslaughter)". Council of the District of Columbia. Retrieved March 13, 2018.
36. "Florida Statutes 2017, Title XLVI (Crimes), Chapter 782 (Homicide)". Florida Legislature. 2017. Retrieved March 13, 2018.
37. "Georgia Code, Title 16 (Crimes and Offenses), Chapter 5 (Crimes Against the Person), Article 1 (Homicide)". justia.com. 2020. Retrieved March 13, 2018.
38. "Guam Code Annotated, Title 9 (Crimes & Corrections), Chapter 16 (Criminal Homicide)" (PDF). Supreme Court of Guam. December 15, 2017. Retrieved March 13, 2018.
39. "Hawaii Revised Statutes, Division 5 (Crimes and Criminal Proceedings), Title 37 (Hawaii Penal Code), Chapter 707 (Offenses Against the Person), Part II (Criminal Homicide)". State of Hawaii. Retrieved March 13, 2018.
40. "Idaho Statutes, Title 18 (Crimes and Punishments), Chapter 40 (Homicide)". Idaho State Legislature. 2017. Retrieved March 13, 2018.
41. "(720 ILCS 5/) Criminal Code of 2012, Title III (Specific Offenses), Part B (Offenses Directed Against the Person), Article 9 (Homicide)". Illinois General Assembly. 2012. Retrieved March 13, 2018.
42. "Indiana Code, Title 35 (Criminal Law and Procedure), Article 42 (Offenses Against the Person), Chapter 1 (Homicide)". Indiana General Assembly. 2017. Retrieved March 13, 2018.
43. "Iowa Code 2018, Title XVI (Criminal Law and Procedure), Chapter 707 (Homicide and Related Crimes)". Iowa Legislature. 2018. Retrieved March 13, 2018.
44. "Kansas Statutes, Chapter 21 (Crimes and Punishments), Article 54 (Crimes Against Persons)". Kansas Legislature. 2014. Retrieved March 13, 2018.
45. "2017 Kentucky Code, Title L (Kentucky Penal Code), Chapter 507 (Criminal Homicide)". justia.com. 2017. Retrieved March 13, 2018.
46. "Louisiana Revised Statutes, Title 14 (Criminal Law), Part II (Offenses Against the Person), Subpart A (Homicide)". Louisiana State Legislature. Retrieved March 13, 2018.
47. "Maine Revised Statutes, Title 17-A (Maine Criminal Code), Chapter 9 (Offenses Against the Person)". Maine Legislature, Office of the Revisor of Statutes. Retrieved March 13, 2018.
48. "2016 Maryland Code, Criminal Law, Title 2 (Homicide), Subtitle 2 (Murder and Manslaughter)". justia.com. Retrieved March 13, 2018.
49. "Massachusetts General Laws, Part IV (Crimes, Punishments and Proceedings in Criminal Cases), Title I (Crimes and Punishments), Chapter 265 (Crimes Against the Person), Section 1 (Murder Defined)". Massachusetts General Court. Retrieved March 13, 2018.
50. "Michigan Compiled Laws, Chapter 750 (Michigan Penal Code), Chapter XLV (Homicide)". Michigan Legislature. 2016. Retrieved March 13, 2018.
51. "2017 Minnesota Statutes, Chapter 609 (Criminal Code)". Minnesota: Office of the Revisor of Statutes. 2017. Retrieved March 13, 2018.
52. "2016 Mississippi Code, Title 97 (Crimes), Chapter 3 (Crimes Against the Person)". justia.com. 2016. Retrieved March 13, 2018.
53. "Missouri Revised Statutes, Title XXXVII (Crimes and Punishment; Peace Officers and Public Defenders), Chapter 565 (Offenses Against the Person)". Revisor of Statutes, State of Missouri. August 28, 2016. Retrieved March 13, 2018.
54. "Montana Code Annotated 2017, Title 45 (Crimes), Chapter 5 (Offenses Against the Person), Part 1 (Homicide)". Montana Legislature. 2017. Retrieved March 13, 2018.
55. "Montana Murder Law". findlaw.com. Retrieved March 13, 2018.
56. "2017 Nebraska Revised Statutes, Chapter 28 (Crimes and Punishments)". justia.com. Retrieved March 13, 2018.
57. "Nevada Revised Statutes, Title 15 (Crimes and Punishments), Chapter 200 (Crimes Against the Person), Part 1 (Homicide)". Nevada State Legislature. Retrieved March 13, 2018.
58. "New Hampshire Statutes, Title LXII (Criminal Code), Chapter 630 (Homicide)". New Hampshire General Court. Retrieved March 13, 2018.
59. "New Jersey Statutes, Title 2A (The New Jersey Code of Criminal Justice), Chapter 11". Rutgers School of Law. Retrieved March 13, 2018.
60. "New Jersey Murder Law". findlaw.com. Retrieved March 13, 2018.
61. "2016 New Mexico Statutes, Chapter 30 (Criminal Offenses), Article 2 (Homicide)". justia.com. 2016. Retrieved March 13, 2018.
62. "New York Penal Code, Part 3 (Specific Offenses), Title H (Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation), Article 125 (Homicide, Abortion and Related Offenses)". New York State. 2018. Retrieved March 13, 2018.
63. "North Carolina General Statutes, Chapter 14 (Criminal Law)". North Carolina General Assembly. Retrieved March 13, 2018.
64. "North Dakota Code, Title 12.1 (Criminal Code), Chapter 12.1-16 (Homicide)". North Dakota Legislative Council. Retrieved March 13, 2018.
65. "Commonwealth Code, Title 6 (Crimes and Criminal Procedure), Division 1 (Crimes Against the Person), Chapter 1 (Homicide)". Commonwealth of the Northern Mariana Islands Law Revision Commission. Retrieved March 13, 2018.
66. "Chapter 2903 (Homicide and Assault)". State of Ohio. Retrieved March 13, 2018.
67. "Oklahoma Statutes 2017, Title 21 (Crimes and Punishments)". justia.com. 2017. Retrieved March 13, 2018.
68. "2017 Oregon Revised Statutes, Volume 04 (Criminal Procedure, Crimes), Chapter 163 (Offenses Against Persons)". justia.com. 2017. Retrieved March 13, 2018.
69. "Pennsylvania Consolidated Statutes, Title 18 (Crimes and Offenses), Article B (Offenses Involving Danger to the Person), Chapter 25 (Criminal Homicide)". Pennsylvania General Assembly. Retrieved March 13, 2018.
70. "P.R. Laws tit. 33, § 4734". Retrieved January 29, 2023.
71. "Rhode Island General Laws, Title 11 (Criminal Offenses), Chapter 11-23 (Homicide)". Rhode Island General Assembly. 2013. Retrieved March 13, 2018.
72. "South Carolina Code of Laws, Title 16 (Crimes and Offenses), Chapter 3 (Offenses Against the Person), Article 1 (Homicide)". South Carolina General Assembly. Retrieved March 13, 2018.
73. "South Dakota Codified Laws, Title 22 (Crimes), Chapter 22-16 (Homicide and Suicide)". South Dakota Legislature, Legislative Research Council. Retrieved March 13, 2018.
74. "2016 Tennessee Code, Title 39 (Criminal Offenses), Chapter 13 (Offenses Against the Person), Part 2 (Criminal Homicide)". justia.com. 2016. Retrieved March 13, 2018.
75. "Texas Penal Code, Title 5 (Offenses Against the Person), Chapter 19 (Criminal Homicide)". Texas Legislature. Retrieved March 13, 2018.
76. "Utah Code, Title 76 (Utah Criminal Code), Chapter 5 (Offenses Against the Person), Part 2 (Criminal Homicide)". Utah State Legislature. Retrieved March 13, 2018.
77. "2017 Vermont Statutes, Title 13 (Crimes and Criminal Procedure), Chapter 53 (Homicide)". justia.com. 2017. Retrieved March 13, 2018.
78. "Code of Virginia, Title 18.2 (Crimes and Offenses Generally), Chapter 4 (Crimes Against the Person), Article 1 (Homicide)". Virginia General Assembly. Retrieved March 13, 2018.
79. "Revised Code of Washington, Title 9A (Washington Criminal Code), Chapter 9A.32 (Homicide)". Washington State Legislature. Retrieved March 13, 2018.
80. "West Virginia Code, Chapter 61 (Crimes and Their Punishment), Article 2 (Crimes Against the Person)". West Virginia Legislature. Retrieved March 13, 2018.
81. "Wisconsin Statutes, Chapter 940 (Crimes Against Life and Bodily Security), Subchapter 1 (Life)". Wisconsin State Legislature. Retrieved March 13, 2018.
82. "2016 Wyoming Code, Title 6 (Crimes and Offenses), Chapter 2 (Offenses Against the Person), Article 1 (Homicide)". justia.com. 2016. Retrieved March 13, 2018.
83. Reinhart, Christopher (February 19, 2002). "Murder of an Unborn Child". Office of Legislative Research. Connecticut General Assembly. Retrieved September 10, 2017.
84. Bush, George W. (April 2004). "President Bush Signs Unborn Victims of Violence Act of 2004". WhiteHouse.gov. Retrieved May 5, 2016.
85. Edds, Kimberly; Argetsinger, Amy (November 13, 2004). "Peterson Convicted Of Double Murder". Washington Post. Retrieved September 10, 2017.
86. "13-1105 – First-degree murder; classification". Azleg.state.az.us. Retrieved June 25, 2010.
87. "California Penal Code, Sec. 190". California Legislative Information. California State Legislature. Retrieved October 16, 2018.
88. "California Penal Code, Sec. 190.2". California Legislative Information. California State Legislature. Retrieved January 11, 2024.
89. "California Penal Code, Sec. 191.5". California Legislative Information. California State Legislature. Retrieved October 16, 2018.
90. "California Penal Code, Sec. 189.1". California Legislative Information. California State Legislature. Retrieved October 16, 2018.
91. "California Penal Code, Sec. 12022.55". California Legislative Information. California State Legislature. Retrieved October 16, 2018.
92. "California Penal Code, Sec. 12022.53". California Legislative Information. California State Legislature. Retrieved October 16, 2018.
93. "Florida Statutes, Sec. 782.04. Murder". Florida Senate. Retrieved September 10, 2017.
94. "Florida Statutes, Sec. 775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison". Florida Senate. Retrieved September 10, 2017.
95. "FL Stat § 782.04. Murder". Florida Legislature. 2017. Retrieved March 13, 2018.
96. "FL Stat § 775.082. Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison". Florida Legislature. Retrieved March 18, 2018.
97. "FL Stat § 775.084 Violent career criminals; habitual felony offenders and habitual violent felony offenders; three-time violent felony offenders; definitions; procedure; enhanced penalties or mandatory minimum prison terms". Florida Legislature. Retrieved March 18, 2018.
98. "Hawaii Revised Statutes §707-701". Hawaii State Legislature. 2010. Retrieved September 6, 2011.
99. "Hawaii Revised Statutes §706-656". Hawaii State Legislature. 2010. Retrieved September 6, 2011.
100. "Louisiana Revised Statutes, Sec. 14:30. First Degree Murder". Louisiana State Legislature. Retrieved September 10, 2017.
101. "Michigan Legislature – Section 750.316". Legislature.mi.gov. Retrieved June 25, 2010.
102. "MN Stat § 609.195. Murder in the third degree". Minnesota: Office of the Revisor of Statutes. 2017. Retrieved March 13, 2018.
103. "Minnesota Second-Degree Murder". findlaw.com. Retrieved March 13, 2018.
104. McKinney, Matt (April 29, 2013). "Drug dealers charged with murder in Twin Cities heroin overdose deaths; As heroin deaths hit record highs across the Twin Cities, angry prosecutors are more likely to file third-degree murder charges against dealers". Minnesota Star-Tribune. Retrieved March 13, 2018.
105. Wilson, Conrad (January 23, 2013). "Murder charges in Minn. overdose cases on the rise". MPR News. Retrieved March 13, 2018.
106. Smith, Sandra L. (1998). "Fetal Homicide: Woman or Fetus as Victim? A Survey of Current State Approaches and Recommendations for Future State Application". William & Mary Law Review. 41 (5). Retrieved March 16, 2018.
107. "MN Stat § 609.2665. Murder of unborn child in the third degree". Minnesota: Office of the Revisor of Statutes. 2017. Retrieved March 13, 2018.
108. "NRS: Chapter 200 – Crimes Against The Person". Leg.state.nv.us. Retrieved June 25, 2010.
109. Gómez, Laura E. (2000). "Race, Colonialism, and Criminal Law: Mexicans and the American Criminal Justice System in Territorial New Mexico". Law & Society Review. 34 (4): 1129–1202. doi:10.2307/3115133. ISSN 0023-9216. JSTOR 3115133.
110. Bartlett, Edward L., ed. (1885). "Title IX (Crimes and Offences – Punishments), Chapter 2 (Against Lives and Persons)". Compiled Laws of New Mexico. Laws, etc. (Compiled statutes : 1884).Spanish & English. New Mexican Printing Company. Retrieved March 13, 2018.
111. "18 PA Cons Stat § 2502. Murder". Pennsylvania General Assembly. Retrieved March 13, 2018.
112. Smith 1998, p. 1873 and "18 PA Cons Stat § 2604. Murder of unborn child". Pennsylvania General Assembly. Retrieved March 13, 2018.
113. "18 PA Cons Stat § 1102. Sentence for murder, murder of unborn child and murder of law enforcement officer". Pennsylvania General Assembly. Retrieved March 13, 2018.
114. "Murder of the third degree". Pennsylvania Law Encyclopedia (second ed.). G. T. Bisel Company. 2008. p. 307. ISBN 978-0327009634.
115. Ready, Joel (August 2017). "Com v. Packer: DUI on immediate and debilitating intoxicants satisfies mens rea for third-degree murder". SCOPA Review. Retrieved March 14, 2018. Commonwealth v. Packer, No. 114 MAP 2016.
116. Ebby, Robert (1993). "Constitutional Law: When Does Guilty of Third Degree Murder Equal Not Guilty by Reason of Insanity?". Villanova Law Review. 38 (4). Retrieved March 13, 2018. Commonwealth v. Terry, 513 Pa. 381 (1987).
117. "18 PA Con Stat § 2506 (2010). Drug delivery resulting in death". justia.com. 2010. Retrieved March 14, 2018. "18 PA Con Stat § 2506 (2016). Drug delivery resulting in death". justia.com. 2016. Retrieved March 14, 2018.
118. Vaughn, Josh. "Homicide without the intent to kill". The Sentinel. Retrieved March 14, 2018. Commonwealth v. Ludwig, 583 Pa. 6 (2005).
119. Roman, Michael J. (1994). "'Once More Unto the Breach, Dear Friends, Once More': A Call to Re-Evaluate the Felony-Murder Doctrine in Wisconsin in the Wake of State v. Oimen and State v. Rivera". Marquette Law Review. 77 (4): 792–93. Retrieved March 13, 2018.
120. Roman 1994, p. 795
121. Roman 1994, p. 804
122. "RCW 9A.32.030: Murder in the first degree". Apps.leg.wa.gov. Retrieved June 25, 2010.
123. "RCW 9A.32.040: Murder in the first degree – Sentence". Apps.leg.wa.gov. Retrieved June 25, 2010.
124. "RCW 10.95.020: Definition". Apps.leg.wa.gov. Retrieved June 25, 2010.