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Murder in United States law

January 26, 2023

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, followed by voluntary manslaughter and involuntary manslaughter which are not as serious, followed by 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.[1]

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.[2]

Capital punishment is a legal sentence in 27 states,[3][4] 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,[5] 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.[6] In 2019 a total of 22 people were executed,[7] and 2,652 people were on death row.[8]

The federal Unborn Victims of Violence Act, enacted in 2004 and codified at 18 U.S. Code § 1841,[9] 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.[9]

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.[10]

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.[11] In the United States there is no statute of limitations on the crime of murder.[12]

Degrees

The first division of the general crime of murder into graded subcategories was enacted into the law of Pennsylvania in 1794.[13] 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.[14] By 1953 three states—namely Florida, Minnesota, and Wisconsin—had further created the subcategory of third-degree murder.[15]

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.[16]

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,[16] is typically first-degree, but may be second-degree.[17]
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, also constitutes second-degree murder. "Depraved-heart murder", in which the killer has no specific intent to inflict harm but knowingly commits acts with a high probability of causing death or serious harm, demonstrating a malignant indifference to human life, is typically second-degree murder.[18]
Voluntary manslaughter
Sometimes called a crime of passion 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.[19]
Involuntary manslaughter
A killing that stems from a lack of intention to cause death but involving an intentional or negligent act 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.[20]

The Model Penal Code classifies homicides differently, without degrees. Under it, murder is any killing committed purposely and knowingly, manslaughter is any killing committed as a result of recklessness, and negligent homicide is any killing resulting from negligence.[21]

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.[22] Under this system, second-degree murder is any other premeditated murder.[23]

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 [24]
Alabama No No No Murder[a] [25]
Alaska Yes[b] Yes[c] No No [26][27]
American Samoa Yes[d] Yes[e] No No [28]
Arizona Yes[f] Yes[g] No No [29]
Arkansas Yes[h] Yes[i] No Capital murder[j] [30]
California Yes[k] Yes[k] No No [31][32]
Colorado Yes[l] Yes[m] No No [33]
Connecticut No No No Murder,[n] Murder with special circumstances,[o] Felony murder,[p] Arson murder[q] [34]
Delaware Yes[r] Yes[s] No No [35]
District of Columbia Yes[t] Yes[u] No No [36]
Florida Yes[v] Yes[w] Yes[x] No [37]
Georgia No Yes[y] No Murder, Felony murder[z] [38]
Guam No No No Murder,[aa] Aggravated murder[ab] [39]
Hawaii Yes[ac] Yes[ad] No No [40]
Idaho Yes[ae] Yes[ae] No No [41]
Illinois Yes[af] Yes[ag] No No [42]
Indiana No No No Murder[ah] [43]
Iowa Yes[ai] Yes[aj] No No [44]
Kansas Yes[ak] Yes[al] No Capital murder[am] [45]
Kentucky No No No Murder[an] [46]
Louisiana Yes[ao] Yes[ap] No No [47]
Maine No No No Murder,[aq] Felony murder[ar] [48]
Maryland Yes[as] Yes[at] No No [49]
Massachusetts Yes Yes No No [50]
Michigan Yes[au] Yes[av] No No [51]
Minnesota Yes[aw] Yes[ax] Yes[ay] No [52]
Mississippi Yes[az] Yes[ba] No Capital murder[bb] [53]
Missouri Yes[bc] Yes[bd] No No [54]
Montana No No No Deliberate homicide,[be] Mitigated deliberate homicide[bf] [55][56]
Nebraska Yes[bg] Yes[bh] No No [57]
Nevada Yes[bi] Yes[bi] No No [58]
New Hampshire Yes[bj] Yes[bk] No Capital murder[bl] [59]
New Jersey No No No Murder[bm] [60][61]
New Mexico Yes[bn] Yes[bo] No No [62]
New York Yes[bp] Yes[bq] No Aggravated murder[br] [63]
North Carolina Yes[bs] Yes[bs] No Murder of an unborn child[bt] [64]
North Dakota No No No Murder[bu] [65]
Northern Mariana Islands Yes[bv] Yes[bw] No No [66]
Ohio No No No Murder,[bx] Aggravated murder[by] [67]
Oklahoma Yes[bz] Yes[ca] No No [68]
Oregon No No No Murder,[cb] Aggravated murder[cc] [69]
Pennsylvania Yes[cd] Yes[ce] Yes[cf] No [70]
Puerto Rico
Rhode Island Yes[cg] Yes[cg] No No [71]
South Carolina No No No Murder[ch] [72]
South Dakota Yes[ci] Yes[cj] No No [73]
Tennessee Yes[ck] Yes[cl] No No [74]
Texas No No No Murder,[cm] Capital murder[cn] [75]
U.S. Virgin Islands
Utah No No No Murder,[co] Aggravated murder[cp] [76]
Vermont Yes[cq] Yes[cq] No No [77]
Virginia Yes[cr] Yes[cr] No Capital murder[cs] [78]
Washington Yes[ct] Yes[cu] No No [79]
West Virginia Yes[cv] Yes[cv] No No [80]
Wisconsin No No No First-degree intentional homicide,[cw] first-degree reckless homicide,[cx] felony murder[cy] [81]
Wyoming Yes[cz] Yes[da] No No [82]

Fetal killing

Main articles: Born alive rule and Feticide
 
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.[83] 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.[84] 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.[85]

Sentencing guidelines

Main article: List of punishments for murder in the United States

Arizona

In Arizona, a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child. The 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.[86]

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.[87] If the murder was committed because of the victim's race, religion, orientation, or gender, the convicted will be sentenced to life in prison without the possibility of parole.[88]

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.[89]

Punishments are increased if the murder victim was a police officer,[90] or was killed during a drive-by shooting.[91]

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.[92]

Florida

See also: Felony murder rule (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.[93][94][15]

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.[15]

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.[95] 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.[96][97]

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.[95]

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.[98][99] 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.[100]

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.[101]

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").[102][103] 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.[102][104] 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.[105]

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.[106][107] Both third-degree murder and third-degree murder of an unborn child are punishable by a maximum of 25 years' imprisonment.[102][107]

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.[108]

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.[15] 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)[109]

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).[110]

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."[111] There are also parallel crimes of first-degree, second-degree, and third-degree murder of an unborn child.[112] 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.[113]

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.[114] 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".[115] A defense of diminished capacity may reduce first-degree murder to third-degree murder.[116]

The crime known as drug delivery resulting in death[117] 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.[118] However, the maximum sentence remained the same 40 years' imprisonment as for third-degree murder.[117]

Wisconsin

See also: Felony murder rule (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".[119] 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.[120] The 1988 revision of § 940.03 removed the term "third-degree murder" entirely and re-entitled the section as "felony murder".[121]

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.[122] If a person is convicted of first-degree murder, they will not receive anything lower than life imprisonment.[123]

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.[124] 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

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. ^ a b 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. ^ a b 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. ^ a b 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. ^ a b 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. ^ a b RI Gen L § 11-23-1 (2013). Murder.
  86. ^ SC Code § 16-3-10.
  87. ^ SD Codified Laws § 22-16-4. Homicide as murder in the first degree.
  88. ^ SD Codified Laws § 22-16-7. Homicide as murder in the second degree.
  89. ^ TN Code § 39-13-202. First degree murder.
  90. ^ TN Code § 39-13-202. Second degree murder.
  91. ^ TX Penal Code § 19.02. Murder.
  92. ^ TX Penal Code § 19.03. Capital Murder.
  93. ^ UT Criminal Code § 203. Murder.
  94. ^ UT Criminal Code § 202. Aggravated murder.
  95. ^ a b VT Statutes § 2301. Murder-Degrees defined.
  96. ^ a b VA Code § 18.2-32. First and second degree murder defined; punishment
  97. ^ VA Code § 18.2-31. Capital murder defined; punishment.
  98. ^ WA Rev Code § 9A.32.030. Murder in the first degree
  99. ^ WA Rev Code § 9A.32.050. Murder in the second degree
  100. ^ a b WV Code § 61-2-1. First and second degree murder defined; allegations in indictment for homicide.
  101. ^ WI Stat § 940.01. First-degree intentional homicide.
  102. ^ WI Stat § 940.02. First-degree reckless homicide.
  103. ^ WI Stat § 940.03. Felony murder.
  104. ^ WY Code § 6-2-101. Murder in the first degree; penalty.
  105. ^ WY Code § 6-2-104. Murder in the second degree; penalty.

References

  1. ^ "Statistical Abstract of the United States". U.S. Census Bureau. Government Printing Office. p. 187. Retrieved September 10, 2017.
  2. ^ 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.
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January 26, 2023
murder, united, states, united, states, murder, varies, jurisdiction, many, jurisdictions, there, hierarchy, acts, known, collectively, homicide, which, first, degree, murder, felony, murder, most, serious, followed, second, degree, murder, states, third, degr. 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 followed by voluntary manslaughter and involuntary manslaughter which are not as serious followed by 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 1 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 2 Capital punishment is a legal sentence in 27 states 3 4 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 5 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 6 In 2019 a total of 22 people were executed 7 and 2 652 people were on death row 8 The federal Unborn Victims of Violence Act enacted in 2004 and codified at 18 U S Code 1841 9 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 9 Contents 1 Jurisdiction 2 Degrees 3 Fetal killing 4 Sentencing guidelines 4 1 Arizona 4 2 California 4 3 Florida 4 4 Hawaii 4 5 Louisiana 4 6 Michigan 4 7 Minnesota 4 8 Nevada 4 9 New Mexico 4 10 Pennsylvania 4 11 Wisconsin 4 12 Washington 5 See also 6 Notes 7 ReferencesJurisdiction EditIf 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 10 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 11 In the United States there is no statute of limitations on the crime of murder 12 Degrees EditThe first division of the general crime of murder into graded subcategories was enacted into the law of Pennsylvania in 1794 13 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 14 By 1953 three states namely Florida Minnesota and Wisconsin had further created the subcategory of third degree murder 15 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 16 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 16 is typically first degree but may be second degree 17 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 also constitutes second degree murder Depraved heart murder in which the killer has no specific intent to inflict harm but knowingly commits acts with a high probability of causing death or serious harm demonstrating a malignant indifference to human life is typically second degree murder 18 Voluntary manslaughter Sometimes called a crime of passion 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 19 Involuntary manslaughter A killing that stems from a lack of intention to cause death but involving an intentional or negligent act 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 20 The Model Penal Code classifies homicides differently without degrees Under it murder is any killing committed purposely and knowingly manslaughter is any killing committed as a result of recklessness and negligent homicide is any killing resulting from negligence 21 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 22 Under this system second degree murder is any other premeditated murder 23 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 SourceFederal Yes Yes No No 24 Alabama No No No Murder a 25 Alaska Yes b Yes c No No 26 27 American Samoa Yes d Yes e No No 28 Arizona Yes f Yes g No No 29 Arkansas Yes h Yes i No Capital murder j 30 California Yes k Yes k No No 31 32 Colorado Yes l Yes m No No 33 Connecticut No No No Murder n Murder with special circumstances o Felony murder p Arson murder q 34 Delaware Yes r Yes s No No 35 District of Columbia Yes t Yes u No No 36 Florida Yes v Yes w Yes x No 37 Georgia No Yes y No Murder Felony murder z 38 Guam No No No Murder aa Aggravated murder ab 39 Hawaii Yes ac Yes ad No No 40 Idaho Yes ae Yes ae No No 41 Illinois Yes af Yes ag No No 42 Indiana No No No Murder ah 43 Iowa Yes ai Yes aj No No 44 Kansas Yes ak Yes al No Capital murder am 45 Kentucky No No No Murder an 46 Louisiana Yes ao Yes ap No No 47 Maine No No No Murder aq Felony murder ar 48 Maryland Yes as Yes at No No 49 Massachusetts Yes Yes No No 50 Michigan Yes au Yes av No No 51 Minnesota Yes aw Yes ax Yes ay No 52 Mississippi Yes az Yes ba No Capital murder bb 53 Missouri Yes bc Yes bd No No 54 Montana No No No Deliberate homicide be Mitigated deliberate homicide bf 55 56 Nebraska Yes bg Yes bh No No 57 Nevada Yes bi Yes bi No No 58 New Hampshire Yes bj Yes bk No Capital murder bl 59 New Jersey No No No Murder bm 60 61 New Mexico Yes bn Yes bo No No 62 New York Yes bp Yes bq No Aggravated murder br 63 North Carolina Yes bs Yes bs No Murder of an unborn child bt 64 North Dakota No No No Murder bu 65 Northern Mariana Islands Yes bv Yes bw No No 66 Ohio No No No Murder bx Aggravated murder by 67 Oklahoma Yes bz Yes ca No No 68 Oregon No No No Murder cb Aggravated murder cc 69 Pennsylvania Yes cd Yes ce Yes cf No 70 Puerto RicoRhode Island Yes cg Yes cg No No 71 South Carolina No No No Murder ch 72 South Dakota Yes ci Yes cj No No 73 Tennessee Yes ck Yes cl No No 74 Texas No No No Murder cm Capital murder cn 75 U S Virgin IslandsUtah No No No Murder co Aggravated murder cp 76 Vermont Yes cq Yes cq No No 77 Virginia Yes cr Yes cr No Capital murder cs 78 Washington Yes ct Yes cu No No 79 West Virginia Yes cv Yes cv No No 80 Wisconsin No No No First degree intentional homicide cw first degree reckless homicide cx felony murder cy 81 Wyoming Yes cz Yes da No No 82 Fetal killing EditMain articles Born alive rule and Feticide 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 83 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 84 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 85 Sentencing guidelines EditMain article List of punishments for murder in the United States Arizona Edit In Arizona a person is charged with murder when the offender knowingly and intentionally causes the death of a person or unborn child The 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 86 California Edit 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 87 If the murder was committed because of the victim s race religion orientation or gender the convicted will be sentenced to life in prison without the possibility of parole 88 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 89 Punishments are increased if the murder victim was a police officer 90 or was killed during a drive by shooting 91 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 92 Florida Edit See also Felony murder rule 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 93 94 15 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 15 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 95 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 96 97 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 95 Hawaii Edit The state of Hawaii has no death penalty If they are found guilty the maximum penalty is life imprisonment without the possibility of parole 98 99 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 Edit 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 100 Michigan Edit 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 101 Minnesota Edit 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 102 103 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 102 104 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 105 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 106 107 Both third degree murder and third degree murder of an unborn child are punishable by a maximum of 25 years imprisonment 102 107 Nevada Edit 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 108 New Mexico Edit 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 15 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 109 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 701 110 Pennsylvania Edit 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 111 There are also parallel crimes of first degree second degree and third degree murder of an unborn child 112 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 113 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 114 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 115 A defense of diminished capacity may reduce first degree murder to third degree murder 116 The crime known as drug delivery resulting in death 117 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 118 However the maximum sentence remained the same 40 years imprisonment as for third degree murder 117 Wisconsin Edit See also Felony murder rule 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 119 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 120 The 1988 revision of 940 03 removed the term third degree murder entirely and re entitled the section as felony murder 121 Washington Edit 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 122 If a person is convicted of first degree murder they will not receive anything lower than life imprisonment 123 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 124 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 Edit Law portalCrime 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 lawNotes Edit AL Code 13A 6 2 AK Statutes 11 41 100 Murder in the first degree AK Statutes 11 41 110 Murder in the second degree AS Code 46 3502 Murder in the 1st degree AS Code 46 3503 Murder in the 2nd degree AZ Rev Stat 13 1105 First degree murder Classification AZ Rev Stat 13 1104 Second degree murder Classification AR Code 5 10 102 Murder in the first degree AR Code 5 10 103 Murder in the second degree AR Code 5 10 103 Capital murder a b CA Penal Code 189 CO Rev Stat 18 3 102 Murder in the first degree CO Rev Stat 18 3 103 Murder in the second degree CT Gen Stat 53a 54a Murder CT Gen Stat 53a 54b Murder with special circumstances CT Gen Stat 53a 54c Felony murder CT Gen Stat 53a 54d Arson murder DE Code 634 Murder by abuse or neglect in the first degree class A felony 636 Murder in the first degree class A felony DE Code 633 Murder by abuse or neglect in the second degree class B felony 635 Murder in the second degree class A felony 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 DC Code 22 2103 Murder in the second degree FL Statutes 782 04 1 a FL Statutes 782 04 2 FL Statutes 782 04 4 GA Code 16 5 1 Murder in the second degree GA Code 16 5 1 Murder felony murder GU Code 16 40 Murder Defined GU Code 16 30 Aggravated Murder Defined HI Rev Stat 707 701 Murder in the first degree HI Rev Stat 707 701 5 Murder in the second degree a b ID Statutes 18 4003 Degrees of murder Sec 9 1 First degree Murder Death penalties Exceptions Separate Hearings Proof Findings Appellate procedures Reversals Sec 9 2 Second degree murder IN Code 35 42 1 1 Murder IA Code 707 2 Murder in the first degree IA Code 707 3 Murder in the second degree KS Stat 21 5402 Murder in the first degree KS Statutes 21 5401 Murder in the second degree KS Stat 21 5401 Capital murder KY Rev Stat 507 020 2017 Murder LA Rev Stat 30 First degree murder LA Rev Stat 30 1 Second degree murder 17 A ME Rev Stat 201 Murder 17 A ME Rev Stat 202 Felony murder MD Code 2 201 Murder in the first degree MD Code 2 204 Murder in the second degree Amendment effective October 1 2017 MI Compiled Laws 750 316 First degree murder penalty definitions MI Compiled Laws 750 317 Second degree murder penalty MN Statutes 609 185 Murder in the first degree MN Statutes 609 19 Murder in the second degree MN Statutes 609 195 Murder in the third degree MS Code 97 3 19 1 a 1 c 1 d MS Code 97 3 19 1 b MS Code 97 3 19 2 MO Rev Stat 565 020 2016 First degree murder penalty person under eighteen years of age penalty MO Rev Stat 565 021 2016 Second degree murder penalty MT Code 45 5 102 2017 Deliberate homicide MT Code 45 5 103 2017 Mitigated deliberate homicide NE Rev Stat 28 303 2017 Murder in the first degree penalty NE Rev Stat 28 304 2017 Murder in the second degree penalty a b NV Rev Stat 200 030 Degrees of murder penalties NH Statutes 630 1 a First Degree Murder NH Statutes 630 1 b Second Degree Murder NH Statutes 630 1 Capital Murder NJ Statutes 2C 11 3 Murder NM Statutes 30 2 1 A NM Statutes 30 2 1 B NY PEN 125 27 Murder in the first degree NY PEN 125 25 Murder in the second degree NY PEN 125 26 Aggravated murder a b NC Gen Stat 14 17 Murder in the first and second degree defined punishment NC Gen Stat 14 23 2 Murder of an unborn child penalty ND Code 12 1 16 01 Murder MP Code 1101 a First Degree Murder MP Code 1101 b Second Degree Murder OH Revised Code 2903 02 OH Revised Code 2903 01 OK Stat 21 701 7 Murder in the first degree OK Stat 21 701 8 Murder in the second degree OR Rev Stat 163 115 Murder affirmative defense to certain felony murders sentence of life imprisonment required minimum term OR Rev Stat 163 095 2017 Aggravated murder defined 18 PA Cons Stat 2502 a Murder of the first degree 18 PA Cons Stat 2502 b Murder of the first degree 18 PA Cons Stat 2502 c Murder of the first degree a b RI Gen L 11 23 1 2013 Murder SC Code 16 3 10 SD Codified Laws 22 16 4 Homicide as murder in the first degree SD Codified Laws 22 16 7 Homicide as murder in the second degree TN Code 39 13 202 First degree murder TN Code 39 13 202 Second degree murder TX Penal Code 19 02 Murder TX Penal Code 19 03 Capital Murder UT Criminal Code 203 Murder UT Criminal Code 202 Aggravated murder a b VT Statutes 2301 Murder Degrees defined a b VA Code 18 2 32 First and second degree murder defined punishment VA Code 18 2 31 Capital murder defined punishment WA Rev Code 9A 32 030 Murder in the first degree WA Rev Code 9A 32 050 Murder in the second degree a b WV Code 61 2 1 First and second degree murder defined allegations in indictment for homicide WI Stat 940 01 First degree intentional homicide WI Stat 940 02 First degree reckless homicide WI Stat 940 03 Felony murder WY Code 6 2 101 Murder in the first degree penalty WY Code 6 2 104 Murder in the second degree penalty References Edit Statistical Abstract of the United States U S Census Bureau Government Printing Office p 187 Retrieved September 10 2017 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 Bosman Julie May 27 2015 Nebraska Bans Death Penalty Defying a Veto The New York Times State by State Death Sentences and Executions 2013 PDF Amnesty International 2014 Retrieved September 10 2017 Executions by year since 1976 Death Penalty Information Center June 4 2015 Retrieved July 3 2015 2019 The Death Penalty in 2019 Year End Report a b 18 U S Code 1841 Protection of unborn children Legal Information Institute Cornell Law School Retrieved September 10 2017 See generally U S Code Title 18 Crimes and Criminal Procedure Legal Information Institute Cornell Law School Retrieved September 10 2017 Koon v United States 518 US 81 116 S Ct 2035 135 L Ed 2d 392 1996 Google Scholar Retrieved September 10 2017 Siegel Larry J 2014 Criminology The Core Cengage Learning p 268 ISBN 978 1285068909 Retrieved September 10 2017 Brenner Frank 1953 The Impulsive Murder and the Degree Device Fordham Law Review 22 3 274 Retrieved March 13 2018 Brenner 1953 p 275 a b c d Brenner 1953 p 278 a b Larson Aaron October 7 2016 What Are Homicide and Murder ExpertLaw Retrieved September 10 2017 First Degree Murder Overview FindLaw Retrieved September 10 2017 Second Degree Murder Overview FindLaw Retrieved September 10 2017 Voluntary Manslaughter Definition FindLaw Retrieved September 10 2017 Involuntary Manslaughter Overview FindLaw Retrieved September 10 2017 Criminal Law Minnesota M Libraries Publishing 2015 ISBN 9781946135087 Retrieved September 10 2017 Sec 9 2 Murder See e g New York Penal Code Sec 125 27 Murder in the first degree NY State Senate Retrieved September 10 2017 See e g New York Penal Code Sec 125 25 Murder in the second degree New York State Senate Retrieved September 10 2017 18 U S C 1111 a Alabama Code Title 13A Criminal Code Chapter 6 Offences Involving Danger to the Person Article 1 Homicide findlaw com Retrieved March 13 2018 Alaska Statutes Title 11 Criminal Law Chapter 41 Offenses Against the Person Article 1 Homicide findlaw com Retrieved March 13 2018 Alaska Manslaughter Laws findlaw com Retrieved March 13 2018 American Samoa Code Annotated Title 46 Criminal Justice Chapter 35 Offenses Against the Person American Samoa Bar Association Retrieved March 13 2018 Arizona Revised Statutes Title 13 Criminal Code Chapter 11 Homicide Arizona State Legislature Retrieved March 13 2018 Arkansas Code Title 5 Criminal Offenses Subtitle 2 Offenses Against The Person Chapter 10 Homicide justia com 2015 Retrieved March 13 2018 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 California First Degree Murder Law findlaw com Retrieved March 13 2018 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 Connecticut General Statutes Title 53a Penal Code Chapter 952 Penal Code Offenses Part VI Homicide Connecticut General Assembly 2012 Retrieved March 13 2018 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 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 Florida Statutes 2017 Title XLVI Crimes Chapter 782 Homicide Florida Legislature 2017 Retrieved March 13 2018 Georgia Code Title 16 Crimes and Offenses Chapter 5 Crimes Against the Person Article 1 Homicide justia com 2020 Retrieved March 13 2018 Guam Code Annotated Title 9 Crimes amp Corrections Chapter 16 Criminal Homicide PDF Supreme Court of Guam December 15 2017 Retrieved March 13 2018 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 Idaho Statutes Title 18 Crimes and Punishments Chapter 40 Homicide Idaho State Legislature 2017 Retrieved March 13 2018 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 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 Iowa Code 2018 Title XVI Criminal Law and Procedure Chapter 707 Homicide and Related Crimes Iowa Legislature 2018 Retrieved March 13 2018 Kansas Statutes Chapter 21 Crimes and Punishments Article 54 Crimes Against Persons Kansas Legislature 2014 Retrieved March 13 2018 2017 Kentucky Code Title L Kentucky Penal Code Chapter 507 Criminal Homicide justia com 2017 Retrieved March 13 2018 Louisiana Revised Statutes Title 14 Criminal Law Part II Offenses Against the Person Subpart A Homicide Louisiana State Legislature Retrieved March 13 2018 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 2016 Maryland Code Criminal Law Title 2 Homicide Subtitle 2 Murder and Manslaughter justia com Retrieved March 13 2018 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 Michigan Compiled Laws Chapter 750 Michigan Penal Code Chapter XLV Homicide Michigan Legislature 2016 Retrieved March 13 2018 2017 Minnesota Statutes Chapter 609 Criminal Code Minnesota Office of the Revisor of Statutes 2017 Retrieved March 13 2018 2016 Mississippi Code Title 97 Crimes Chapter 3 Crimes Against the Person justia com 2016 Retrieved March 13 2018 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 Montana Code Annotated 2017 Title 45 Crimes Chapter 5 Offenses Against the Person Part 1 Homicide Montana Legislature 2017 Retrieved March 13 2018 Montana Murder Law findlaw com Retrieved March 13 2018 2017 Nebraska Revised Statutes Chapter 28 Crimes and Punishments justia com Retrieved March 13 2018 Nevada Revised Statutes Title 15 Crimes and Punishments Chapter 200 Crimes Against the Person Part 1 Homicide Nevada State Legislature Retrieved March 13 2018 New Hampshire Statutes Title LXII Criminal Code Chapter 630 Homicide New Hampshire General Court Retrieved March 13 2018 New Jersey Statutes Title 2A The New Jersey Code of Criminal Justice Chapter 11 Rutgers School of Law Retrieved March 13 2018 New Jersey Murder Law findlaw com Retrieved March 13 2018 2016 New Mexico Statutes Chapter 30 Criminal Offenses Article 2 Homicide justia com 2016 Retrieved March 13 2018 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 North Carolina General Statutes Chapter 14 Criminal Law North Carolina General Assembly Retrieved March 13 2018 North Dakota Code Title 12 1 Criminal Code Chapter 12 1 16 Homicide North Dakota Legislative Council Retrieved March 13 2018 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 Chapter 2903 Homicide and Assault State of Ohio Retrieved March 13 2018 Oklahoma Statutes 2017 Title 21 Crimes and Punishments justia com 2017 Retrieved March 13 2018 2017 Oregon Revised Statutes Volume 04 Criminal Procedure Crimes Chapter 163 Offenses Against Persons justia com 2017 Retrieved March 13 2018 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 Rhode Island General Laws Title 11 Criminal Offenses Chapter 11 23 Homicide Rhode Island General Assembly 2013 Retrieved March 13 2018 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 South Dakota Codified Laws Title 22 Crimes Chapter 22 16 Homicide and Suicide South Dakota Legislature Legislative Research Council Retrieved March 13 2018 2016 Tennessee Code Title 39 Criminal Offenses Chapter 13 Offenses Against the Person Part 2 Criminal Homicide justia com 2016 Retrieved March 13 2018 Texas Penal Code Title 5 Offenses Against the Person Chapter 19 Criminal Homicide Texas Legislature Retrieved March 13 2018 Utah Code Title 76 Utah Criminal Code Chapter 5 Offenses Against the Person Part 2 Criminal Homicide Utah State Legislature Retrieved March 13 2018 2017 Vermont Statutes Title 13 Crimes and Criminal Procedure Chapter 53 Homicide justia com 2017 Retrieved March 13 2018 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 Revised Code of Washington Title 9A Washington Criminal Code Chapter 9A 32 Homicide Washington State Legislature Retrieved March 13 2018 West Virginia Code Chapter 61 Crimes and Their Punishment Article 2 Crimes Against the Person West Virginia Legislature Retrieved March 13 2018 Wisconsin Statutes Chapter 940 Crimes Against Life and Bodily Security Subchapter 1 Life Wisconsin State Legislature Retrieved March 13 2018 2016 Wyoming Code Title 6 Crimes and Offenses Chapter 2 Offenses Against the Person Article 1 Homicide justia com 2016 Retrieved March 13 2018 Reinhart Christopher February 19 2002 Murder of an Unborn Child Office of Legislative Research Connecticut General Assembly Retrieved September 10 2017 Bush George W April 2004 President Bush Signs Unborn Victims of Violence Act of 2004 WhiteHouse gov Retrieved May 5 2016 Edds Kimberly Argetsinger Amy November 13 2004 Peterson Convicted Of Double Murder Washington Post Retrieved September 10 2017 13 1105 First degree murder classification Azleg state az us Retrieved June 25 2010 California Penal Code Sec 190 California Legislative Information California State Legislature Retrieved October 16 2018 California Penal Code Sec 190 2 California Legislative Information California State Legislature Retrieved October 16 2018 California Penal Code Sec 191 5 California Legislative Information California State Legislature Retrieved October 16 2018 California Penal Code Sec 189 1 California Legislative Information California State Legislature Retrieved October 16 2018 California Penal Code Sec 12022 55 California Legislative Information California State Legislature Retrieved October 16 2018 California Penal Code Sec 12022 53 California Legislative Information California State Legislature Retrieved October 16 2018 Florida Statutes Sec 782 04 Murder Florida Senate Retrieved September 10 2017 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 a b FL Stat 782 04 Murder Florida Legislature 2017 Retrieved March 13 2018 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 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 Hawaii Revised Statutes 707 701 Hawaii State Legislature 2010 Retrieved September 6 2011 Hawaii Revised Statutes 706 656 Hawaii State Legislature 2010 Retrieved September 6 2011 Louisiana Revised Statutes Sec 14 30 First Degree Murder Louisiana State Legislature Retrieved September 10 2017 Michigan Legislature Section 750 316 Legislature mi gov Retrieved June 25 2010 a b c MN Stat 609 195 Murder in the third degree Minnesota Office of the Revisor of Statutes 2017 Retrieved March 13 2018 Minnesota Second Degree Murder findlaw com Retrieved March 13 2018 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 Wilson Conrad January 23 2013 Murder charges in Minn overdose cases on the rise MPR News Retrieved March 13 2018 Smith Sandra L 1998 Fetal Homicide Woman or Fetus as Victim A Survey of Current State Approaches and Recommendations for Future State Application William amp Mary Law Review 41 5 Retrieved March 16 2018 a b MN Stat 609 2665 Murder of unborn child in the third degree Minnesota Office of the Revisor of Statutes 2017 Retrieved March 13 2018 NRS Chapter 200 Crimes Against The Person Leg state nv us Retrieved June 25 2010 Gomez Laura E 2000 Race Colonialism and Criminal Law Mexicans and the American Criminal Justice System in Territorial New Mexico Law amp Society Review 34 4 1129 1202 doi 10 2307 3115133 ISSN 0023 9216 JSTOR 3115133 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 amp English New Mexican Printing Company Retrieved March 13 2018 18 PA Cons Stat 2502 Murder Pennsylvania General Assembly Retrieved March 13 2018 Smith 1998 p 1873 and 18 PA Cons Stat 2604 Murder of unborn child Pennsylvania General Assembly Retrieved March 13 2018 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 Murder of the third degree Pennsylvania Law Encyclopedia second ed G T Bisel Company 2008 p 307 ISBN 978 0327009634 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 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 a b 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 Vaughn Josh Homicide without the intent to kill The Sentinel Retrieved March 14 2018 Commonwealth v Ludwig 583 Pa 6 2005 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 Roman 1994 p 795 Roman 1994 p 804 RCW 9A 32 030 Murder in the first degree Apps leg wa gov Retrieved June 25 2010 RCW 9A 32 040 Murder in the first degree Sentence Apps leg wa gov Retrieved June 25 2010 RCW 10 95 020 Definition Apps leg wa gov Retrieved June 25 2010 Retrieved from https en wikipedia org w index php title Murder in United States law amp oldid 1134181248, wikipedia, wiki, book, books, library,

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