First and Second Degree Murder Laws by State (2026)
How each state handles murder (first vs second degree) and the penalties, from each state's code.
| State | Murder (first vs second degree) |
|---|---|
| Alabama | Alabama does not split murder into first and second degree. Murder covers an intentional killing, a killing through reckless conduct showing extreme indifference to human life, and a death caused during certain dangerous felonies such as first-degree arson, burglary, kidnapping, rape or robbery (felony murder). Plain murder is a Class A felony: 10 years to life or 99 years (at least 20 years if a firearm or deadly weapon was used), fine up to $60,000. 'Capital murder' — murder with a listed aggravating circumstance, such as killing a police officer, murder for hire, or murder during a kidnapping or robbery — is punished by death or life without parole for an adult; a capital defendant under 18 gets life without parole or life (with at least 30 years served before parole). A killing in a sudden heat of passion after legal provocation is manslaughter, not murder. Ala. Code 1975 §§ 13A-6-2, 13A-5-40, 13A-5-45; class ranges §§ 13A-5-6, 13A-5-11 |
| Alaska | First-degree murder includes intentionally causing a person's death, a child's death by at least two separate acts of criminally negligent serious injury, and deaths caused during sexual offenses or kidnapping against a child under 16, first-degree criminal mischief or first-degree terroristic threatening; it is an unclassified felony punished by 30 to 99 years, and a mandatory 99 years for listed cases such as killing an on-duty peace officer or firefighter, a prior murder conviction, or substantial torture. Second-degree murder covers causing death while intending serious injury or knowing death or serious injury is substantially certain, conduct showing extreme indifference to human life, deaths during listed felonies such as robbery, burglary, kidnapping or first-degree arson (felony murder), gang felonies, and deaths from delivering certain controlled substances; it carries 15 to 99 years (20 to 99 years for a parent or person in authority who kills a child under 16). Acting in a heat of passion caused by the victim's serious provocation is a defense to intentional first- and second-degree murder that leaves manslaughter. AS 11.41.100, 11.41.110, 11.41.115; AS 12.55.125(a), (b) |
| Arizona | First-degree murder is a premeditated intentional or knowing killing, a death caused during listed felonies such as sexual assault, kidnapping, burglary, robbery, arson or child abuse (felony murder), or intentionally killing an on-duty law enforcement officer. It is a class 1 felony punished by death or natural life (no release ever) for an adult, or by natural life or life with no release for 25 years (35 if the victim was under 15) when the defendant was under 18; felony murder also allows life with possible release after 25 or 35 years. Second-degree murder is a killing without premeditation — intentional, knowing, or reckless with extreme indifference to human life. It is also a class 1 felony, with a first-offense prison range of 10 to 25 years (16 presumptive), and 15 to 29 years (20 presumptive) for a defendant with a prior second-degree murder or dangerous class 2 or 3 felony conviction. A.R.S. §§ 13-1105, 13-1104, 13-751, 13-710 |
| Arkansas | Capital murder covers a premeditated and deliberated killing, a death caused during listed felonies (such as rape, kidnapping, robbery, certain burglaries, terrorism or arson) with extreme indifference to human life, murder for hire, killing an on-duty officer, firefighter, judge or teacher, an adult knowingly killing a child 14 or younger, and a fatal drive-by shooting; it is punished by death or life without parole for an adult, and life with parole eligibility after at least 30 years for a defendant under 18. First-degree murder — purposely causing a death, a death caused during any felony with extreme indifference to human life, or knowingly killing a child 14 or younger — is a Class Y felony (10 to 40 years or life). Second-degree murder — knowingly causing a death with extreme indifference to human life, or causing a death while purposely inflicting serious physical injury — is a Class A felony (6 to 30 years, fine up to $15,000). Ark. Code §§ 5-10-101, 5-10-102, 5-10-103; Ark. Code §§ 5-4-201, 5-4-401 |
| California | Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. First-degree murder includes killings by explosive or destructive device, poison, lying in wait, torture or any other willful, deliberate and premeditated killing, killings during listed felonies such as arson, rape, carjacking, robbery, burglary, mayhem or kidnapping (felony murder, limited to actual killers, intent-to-kill aiders, and major participants acting with reckless indifference), and drive-by shootings; all other murders are second degree. First-degree murder is punished by death, life without parole, or 25 years to life. Second-degree murder carries 15 years to life, 25 to life when an on-duty peace officer is killed, and life without parole for some peace officer killings. Cal. Penal Code 187(a), 189, 190(a)-(c) |
| Colorado | First-degree murder — killing after deliberation with intent to kill, killing through conduct showing 'universal malice' and extreme indifference to human life, causing an execution through perjury, a death from selling drugs to a minor on school grounds, or knowingly killing a child under 12 while in a position of trust — is a class 1 felony punished by life imprisonment. Second-degree murder — knowingly causing a death, or a death caused by any participant during felony arson, robbery, burglary, kidnapping, sexual assault or escape (felony murder) — is a class 2 felony and must be sentenced as a crime of violence: at least the midpoint of, and up to twice the maximum of, the class 2 presumptive range of 8 to 24 years. A second-degree murder committed in a sudden heat of passion caused by the victim's serious provocation is a class 3 felony (presumptive range 4 to 12 years). C.R.S. §§ 18-3-102, 18-3-103, 18-1.3-406(1)(a); C.R.S. §§ 18-1.3-401, 18-1.3-501, 18-1.3-503 |
| Connecticut | Connecticut does not split murder into first and second degree. Murder is intentionally causing someone's death (or causing a suicide by force, duress or deception); proving extreme emotional disturbance with a reasonable explanation reduces it to first-degree manslaughter. Murder is a Class A felony punished by 25 years to life, and a life sentence means a definite 60 years. Felony murder (a death caused during a robbery, home invasion, burglary, kidnapping, first-degree or third-degree sexual assault, or escape) is also murder. Murder with special circumstances (for example killing a police officer, murder for hire, killing two or more people, or killing a child under 16) committed by an adult is punished by life imprisonment without the possibility of release, as is arson murder. Conn. Gen. Stat. §§ 53a-54a, 53a-54b, 53a-54c, 53a-54d, 53a-35a, 53a-35b |
| Delaware | Murder in the first degree includes intentionally killing someone, recklessly causing a death while committing or fleeing from any felony, recklessly killing a police officer, firefighter, paramedic or corrections employee on duty, killing with a bomb, or killing to avoid arrest or during an escape. An adult convicted of first-degree murder must be sentenced to life in prison without probation, parole or any reduction; for an offender under 18 the sentence is 25 years up to life. Murder in the second degree is recklessly causing a death with cruel, wicked and depraved indifference to human life, or causing a death with criminal negligence during any felony; it is a Class A felony, 15 years to life. 11 Del. C. §§ 635, 636, 4209, 4209A, 4205(b)(1) |
| District of Columbia | First-degree murder is a purposeful killing with deliberate and premeditated malice, a purposeful killing by poison or while committing a serious offense, or any killing during certain felonies (arson, first-degree sexual abuse or child sexual abuse, first-degree child cruelty, mayhem, robbery, kidnapping, armed housebreaking, or a felony drug offense). It carries 30 years to life without release; life without release requires 30 days' written notice before trial and is not allowed for someone under 18, and the person cannot be released before serving 30 years. Second-degree murder is any other killing with malice aforethought and carries up to life in prison. D.C. Code §§ 22-2101, 22-2103, 22-2104 |
| Florida | First-degree murder is a premeditated killing, a killing during certain serious felonies (such as robbery, burglary, sexual battery, kidnapping, arson, carjacking, aggravated child abuse or human trafficking), or a death caused when an adult distributes certain hard drugs such as fentanyl; it is a capital felony punished by death or life in prison without parole. Second-degree murder is a killing by an act imminently dangerous to others showing a depraved mind, without premeditation, or a death caused by someone other than the person committing one of those serious felonies; it is a first-degree felony punishable by up to life. Third-degree murder is an unintended killing during any other felony (and certain fentanyl distributions by a minor), a second-degree felony (up to 15 years). Offenders under 18 cannot receive death; a juvenile who actually killed gets life or at least 40 years. Fla. Stat. §§ 782.04, 775.082 |
| Georgia | Georgia does not use first- and second-degree labels the usual way. Murder is causing a death with malice aforethought (express intent to kill, or implied malice shown by an abandoned and malignant heart) or causing a death while committing any felony (felony murder, no malice required); it is punished by death, life without parole, or life in prison. Second-degree murder is causing a death while committing second-degree cruelty to children, regardless of malice, and carries 10 to 30 years. O.C.G.A. § 16-5-1 |
| Hawaii | Murder in the first degree is intentionally or knowingly killing in special circumstances: killing more than one person, killing a police officer, judge or prosecutor because of their duties, killing a witness, murder for hire, killing while imprisoned, killing a person protected by a restraining or police order, or killing a hostage or ransom victim. An offender 21 or older receives life without parole (with a required application to the governor for commutation after 20 years); an offender under 21 receives life with the possibility of parole. Murder in the second degree is any other intentional or knowing killing and carries life with the possibility of parole, or life without parole in cases of exceptional depravity under the enhanced-sentencing statute. Haw. Rev. Stat. §§ 707-701, 707-701.5, 706-656, 706-657 |
| Idaho | First-degree murder is a willful, deliberate and premeditated killing, or a murder by poison, lying in wait or torture; it also includes killing a peace officer or other listed official on duty, a killing during an aggravated battery on a child under 12, arson, rape, robbery, burglary, kidnapping, mayhem or terrorism (felony murder), and killings by prisoners or escapees. It is punished by death or life imprisonment; when death is not imposed, the court gives a fixed life sentence if an aggravating circumstance is found, and otherwise life with at least ten years before parole. All other murder is second-degree murder, punished by not less than ten years and up to life in prison. Idaho has no third-degree murder. Idaho Code §§ 18-4003, 18-4004 |
| Illinois | First degree murder is killing someone without lawful justification while intending to kill or do great bodily harm (or knowing the acts will cause death), knowing the acts create a strong probability of death or great bodily harm, or causing a death during a forcible felony (felony murder). The sentence is 20 to 60 years in prison, 60 to 100 years with an extended term, or natural life imprisonment where Section 5-8-1 allows it (for example exceptionally brutal or heinous behavior or listed aggravating factors); probation is not allowed. Second degree murder is first degree murder committed under a sudden and intense passion from serious provocation, or with an unreasonable belief that the killing was justified; it is a Class 1 felony (4 to 20 years for second degree murder). Illinois abolished the death penalty effective July 1, 2011. 720 ILCS 5/9-1, 5/9-2; 730 ILCS 5/5-4.5-20, 5/5-4.5-30(a), 5/5-8-1(a)(1); 725 ILCS 5/119-1 |
| Indiana | Indiana has a single crime of murder, not degrees: knowingly or intentionally killing another person, killing someone while committing or attempting listed felonies (such as arson, burglary, child molesting, kidnapping, rape, robbery or human trafficking), killing someone while dealing listed drugs, or knowingly or intentionally killing a fetus. Murder carries 45 to 65 years in prison (advisory 55 years). A person 18 or older may instead be sentenced to death or life imprisonment without parole, and a person 16 or 17 to life without parole, when the aggravating circumstances in IC 35-50-2-9 are proved. IC 35-42-1-1; IC 35-50-2-3; IC 35-50-2-9 |
| Iowa | First-degree murder is a willful, deliberate and premeditated killing, or a killing while committing a forcible felony (felony murder), escaping custody, killing a peace officer, correctional officer, public employee or hostage while imprisoned, killing a child during child endangerment or assault with extreme indifference to human life, or killing during an act of terrorism. It is a class A felony: life in prison with no parole unless the governor commutes the sentence (different rules apply to offenders under 18). Every other murder is second-degree murder, a class B felony with a maximum of fifty years (instead of the usual 25). Iowa has no third-degree murder. Iowa Code §§ 707.2, 707.3, 902.1 |
| Kansas | First-degree murder is an intentional, premeditated killing, or a killing during an 'inherently dangerous felony' such as kidnapping, robbery, rape, burglary, arson or child abuse (felony murder); it is an off-grid person felony. For premeditated first-degree murder the court must impose life in prison with no parole for 50 years ('hard 50'), unless it finds substantial and compelling mitigating reasons, in which case the sentence is life with no parole for 25 years. Capital murder (premeditated killings in listed circumstances, such as killing a police officer, murder for hire, or multiple victims) is punishable by death or life without parole. Second-degree murder - an intentional killing, or an unintentional killing done recklessly with extreme indifference to human life - is a severity level 1 person felony (intentional) or level 2 (reckless). K.S.A. 21-5401, 21-5402, 21-5403, 21-6620(a), (c), 21-6623 |
| Kentucky | Kentucky has a single crime of murder rather than degrees: intentionally causing someone's death (unless acting under extreme emotional disturbance with a reasonable explanation), or wantonly causing a death under circumstances showing extreme indifference to human life, including by driving. Murder is a capital offense, punishable by death, life without parole, life without parole for 25 years, life, or a term of 20 to 50 years. KRS 507.020; KRS 532.030(1) |
| Louisiana | First-degree murder is a killing with specific intent to kill or cause great bodily harm plus a listed circumstance, such as killing during an armed robbery, aggravated burglary, rape or kidnapping, killing a peace officer or firefighter, killing more than one person, a murder for hire, or killing a victim under 12 or 65 or older. It is punished by death or life imprisonment at hard labor without parole, probation or suspension of sentence if the district attorney seeks a capital verdict, and by life without parole if not. Second-degree murder covers any other killing with specific intent to kill or cause great bodily harm, a killing during certain listed felonies even without intent to kill (Louisiana's felony-murder rule), and a death directly caused by distributing a controlled dangerous substance; it carries mandatory life imprisonment at hard labor without parole, probation or suspension of sentence. Louisiana has no third-degree murder. La. R.S. 14:30(A), (C); R.S. 14:30.1 |
| Maine | Maine has a single crime of murder rather than degrees: intentionally or knowingly causing another person's death, causing death by conduct showing depraved indifference to human life, or intentionally or knowingly causing someone to commit suicide by force, duress or deception. Murder is punished by imprisonment for life or for any term of years not less than 25; the court gives special weight to a victim under 6, a pregnant victim, or domestic violence. Felony murder - a death that is a reasonably foreseeable result of committing or fleeing from murder, robbery, burglary, kidnapping, arson, gross sexual assault or escape - is a separate Class A crime (up to 30 years). Maine has no death penalty in its sentencing statute. 17-A M.R.S. §§ 201, 202, 1603 |
| Maryland | First-degree murder is a deliberate, premeditated and willful killing, a killing by lying in wait or poison, or a killing during listed felonies such as first-degree arson, burglary, carjacking, kidnapping, rape, robbery or first- or second-degree sexual offense (Maryland's felony-murder rule). It is a felony punished by life imprisonment, or life without the possibility of parole if the State follows the required notice procedure. Any other murder is second-degree murder, a felony punishable by up to 40 years. Maryland has no third-degree murder and no death penalty in these statutes. Md. Code, Crim. Law §§ 2-201, 2-204 |
| Massachusetts | First-degree murder is murder committed with deliberately premeditated malice aforethought, with extreme atrocity or cruelty, or during a crime punishable by life imprisonment (felony murder); all other murder is second-degree, and the jury decides the degree. The statute punishes first-degree murder by life in state prison without parole eligibility, except that a person who was 14 to 17 at the time is sentenced to life with parole eligibility after a term the court sets. Second-degree murder is punished by life in state prison with parole eligibility after a term set by the court. Massachusetts has no third-degree murder and no death penalty. G.L. c. 265, §§ 1, 2 |
| Michigan | First-degree murder is murder by poison, lying in wait or any other willful, deliberate and premeditated killing; murder committed while committing or attempting listed felonies such as arson, criminal sexual conduct, robbery, carjacking, kidnapping or home invasion (Michigan's felony-murder rule); or murder of an on-duty peace officer or corrections officer. It is punished by imprisonment for life without eligibility for parole (except as the juvenile-sentencing provisions of the Code of Criminal Procedure provide). All other murder is second-degree murder, punished by imprisonment for life or any term of years at the court's discretion. Michigan has no third-degree murder. MCL 750.316; MCL 750.317 |
| Minnesota | First-degree murder includes a premeditated intentional killing; an intentional killing during burglary, aggravated robbery, carjacking, kidnapping, first- or second-degree arson, a drive-by shooting or a felony drug sale; killing a peace officer, prosecutor, judge or prison guard on duty; and deaths during a past pattern of child abuse or domestic abuse with extreme indifference to life. It carries life imprisonment. Second-degree murder - an intentional killing without premeditation, a death during a drive-by shooting, or an unintentional killing while committing certain other felonies (felony murder) or while assaulting a person protected by a protection order - carries up to 40 years. Third-degree murder - an unintentional death caused by an eminently dangerous act showing a depraved mind, or by selling or giving a Schedule I or II drug - carries up to 25 years (and, for drug deaths, a fine up to $40,000). Minn. Stat. §§ 609.185, 609.19, 609.195 |
| Mississippi | Mississippi has first-degree murder (a deliberate intent to kill, deliberately killing an unborn child, or an unintended killing during certain listed felonies), second-degree murder (an act eminently dangerous to others showing a 'depraved heart,' without premeditated intent to kill a particular person), and capital murder (for example killing an on-duty peace officer or firefighter, murder for hire, murder by bomb, killing during rape, burglary, kidnapping, arson, robbery or sexual battery, killing an elected official, or murdering three or more people). First-degree murder carries life imprisonment. Second-degree murder carries life if the jury fixes it after a separate sentencing hearing, otherwise 20 to 40 years set by the court. Capital murder carries death, life without parole, or life with parole eligibility. For offenders under 18, first-degree murder is life (if the jury fixes it) or 20 to 40 years, and capital murder is life or life without parole, or 25 to 50 years. Miss. Code Ann. §§ 97-3-19, 97-3-21 |
| Missouri | First-degree murder is knowingly causing a death after deliberation (cool reflection); it is a class A felony punished, for adults, only by death or life without probation or parole. For someone under 18 it is life without parole, life with parole eligibility, or 30 to 40 years. Second-degree murder is knowingly causing a death, or causing a death while intending serious physical injury, or a death during the commission of or flight from any felony (felony murder); it is a class A felony (10 to 30 years or life), added to the sentence for the related felony. RSMo §§ 565.020, 565.021, 565.033; §§ 558.011, 558.002 |
| Montana | Montana does not use first and second degrees. Deliberate homicide is purposely or knowingly causing a death, causing a death during or while fleeing a forcible felony such as robbery, rape, arson, burglary or kidnapping (felony murder), or knowingly killing the fetus of a woman known to be pregnant. It is punishable by death (not for offenders under 18), life imprisonment, or 10 to 100 years in state prison. Mitigated deliberate homicide is a deliberate killing committed under extreme mental or emotional stress for which there is a reasonable explanation or excuse, punishable by 2 to 40 years and a fine up to $50,000. MCA 45-5-102, 45-5-103 |
| Nebraska | First-degree murder is killing someone purposely with deliberate and premeditated malice, killing during a first-degree sexual assault, arson, robbery, kidnapping, hijacking or burglary (felony murder), killing by poison, or procuring an innocent person's execution by perjury. It is a Class I felony (death) or Class IA felony (life imprisonment), decided at a separate sentencing proceeding. Second-degree murder is causing a death intentionally but without premeditation, a Class IB felony (20 years to life). Neb. Rev. Stat. §§ 28-303, 28-304; Neb. Rev. Stat. § 28-105, § 28-106 |
| Nevada | First-degree murder is murder by poison, lying in wait or torture, any other willful, deliberate and premeditated killing, or a killing during certain felonies such as sexual assault, kidnapping, robbery or burglary (plus other listed situations such as killing to avoid arrest or as terrorism); all other murder is second degree. First-degree murder is a category A felony punished by death (only if aggravating circumstances outweigh mitigating ones), life without parole, life with parole eligibility after 20 years, or a definite 50 years with parole eligibility after 20. Second-degree murder is a category A felony punished by life with parole eligibility after 10 years, or a definite 25 years with parole eligibility after 10. NRS 200.030 |
| New Hampshire | First-degree murder is purposely (deliberately and with premeditation) causing a death, or knowingly causing a death during a felonious sexual assault, an armed robbery or burglary, or an arson, or knowingly killing certain elected officials because of their office; it carries life imprisonment without parole. Second-degree murder is knowingly causing a death, or causing it recklessly with extreme indifference to human life (presumed when a deadly weapon is used during a class A felony); it carries life or any term the court sets. 'Another' person includes a fetus past 20 weeks, except for acts of the pregnant woman or lawful medical care. RSA 630:1-a, 630:1-b |
| New Jersey | New Jersey does not divide murder into first and second degree. Murder is purposely or knowingly causing death or serious bodily injury resulting in death, or a death caused during a listed felony such as robbery, sexual assault, arson, burglary, kidnapping or carjacking (felony murder, with an affirmative defense for some non-killing accomplices). Murder is a crime of the first degree with a sentence of 30 years without parole, or a specific term between 30 years and life with 30 years served before parole eligibility. Life without parole is required when the victim was a law enforcement officer killed on duty, for murder of a child under 18 during a sexual assault, and when a jury finds listed aggravating factors (for example a prior murder, torture, a victim under 14, or murder for hire). The section contains no death penalty. N.J.S. 2C:11-3 |
| New Mexico | First-degree murder is a killing without lawful justification or excuse that is (1) willful, deliberate and premeditated, (2) committed during the commission or attempted commission of any felony (felony murder), or (3) caused by an act greatly dangerous to the lives of others showing a depraved mind. It is a capital felony, and the sentence is life imprisonment or life imprisonment without possibility of release or parole. Second-degree murder is a killing without justification, not upon sufficient provocation, sudden quarrel or heat of passion, where the person knows the acts create a strong probability of death or great bodily harm; it is a second degree felony resulting in the death of a human being, with a basic sentence of 18 years and a fine of up to $12,500. New Mexico has no third-degree murder. NMSA 1978, § 30-2-1; § 31-18-14; § 31-18-15(A), (E)(4) |
| New York | Murder in the first degree is an intentional killing with an aggravating factor, by a defendant over 18: for example killing a police officer, peace officer or judge, a contract killing, killing a witness, killing during a listed felony such as robbery or rape, multiple victims, torture, a prior murder conviction, or terrorism. Murder in the second degree covers other intentional killings, depraved-indifference killings, felony murder (a death during robbery, burglary, kidnapping, arson, first-degree rape and other listed crimes), and depraved-indifference conduct by an adult that kills a child under 11. Both are class A-I felonies punishable by up to life: first-degree murder carries a minimum of 20 to 25 years to life, or life without parole; second-degree murder a minimum of 15 to 25 years to life, with life without parole required for the form in § 125.25(5). N.Y. Penal Law §§ 125.25, 125.27, 70.00(2), (3)(a)(i), (5) |
| North Carolina | First-degree murder is a killing by poison, lying in wait, imprisonment, starving or torture, any other willful, deliberate and premeditated killing, or a killing during a listed felony such as robbery, kidnapping, burglary or rape (or another felony committed with a deadly weapon). It is punished by death or life imprisonment without parole, as decided under the capital sentencing procedure; a person under 18 at the time is sentenced under a separate part. A murder against a current or former spouse, partner or co-parent may be presumed first-degree when the defendant has a prior qualifying conviction involving the same victim. All other murder is second-degree murder, a Class B1 felony, or a Class B2 felony when the malice comes only from an inherently dangerous act done with wanton disregard for human life. N.C. Gen. Stat. § 14-17 |
| North Dakota | North Dakota does not use first- and second-degree murder. Murder is a class AA felony (maximum life imprisonment without parole; the court decides whether parole is possible) when a person intentionally or knowingly kills, kills under circumstances showing extreme indifference to human life, or causes a death during a listed felony such as robbery, burglary, kidnapping, arson, gross sexual imposition or a felony against a child (felony murder, with an affirmative defense for some non-killing accomplices). A killing that would otherwise be class AA murder but is committed under extreme emotional disturbance with a reasonable excuse is murder as a class A felony (up to 20 years and a $20,000 fine). Causing a death by suicide through deception, coercion or duress is also a class AA felony. N.D.C.C. §§ 12.1-16-01, 12.1-16-04(2); N.D.C.C. § 12.1-32-01 |
| Ohio | Ohio uses 'aggravated murder' and 'murder' instead of first and second degree. Aggravated murder is purposely killing with prior calculation and design, purposely killing during a listed felony (such as kidnapping, rape, arson, robbery, burglary or terrorism), purposely killing a child under 13, killing while in detention for a felony, or purposely killing an on-duty law enforcement officer or a first responder or military member because of that status; it is punished by death or life imprisonment, plus a fine up to $25,000, with no death sentence or life without parole for anyone under 18. Murder is purposely killing another, or causing a death as the proximate result of a first- or second-degree violent felony; it carries 15 years to life, 30 years to life when the victim was under 13 and there is a sexual-motivation finding, and life without parole with an added sexually-violent-predator finding. R.C. 2903.01, 2903.02, 2929.02 |
| Oklahoma | First-degree murder is killing another person unlawfully and with malice aforethought (a deliberate intention to kill). It also covers, without malice, a death during certain listed felonies (felony murder, such as forcible rape, armed robbery, kidnapping, first-degree burglary or arson, or drug distribution or trafficking), the death of a child from willful or malicious abuse, and intentionally killing a police or corrections officer on duty. It is a Class Y felony punished by death, life without parole, or life in prison (death or life without parole for killing an officer on duty, absent overwhelming mitigating evidence). Second-degree murder covers a killing by an act imminently dangerous to others showing a 'depraved mind' without intent to kill a particular person, or a death during any other felony; it is a Class A1 felony punished by ten (10) years to life. 21 O.S. §§ 701.7, 701.8, 701.9 |
| Oregon | Oregon has three levels. Aggravated murder is limited to premeditated intentional killings such as terrorism killing two or more people, killing a child under 14, killing a police or corrections officer over their duties, or a prison killing by someone with a prior murder; it is punished by death, life without parole, or life with a 30-year minimum. First-degree murder is second-degree murder with an aggravating circumstance, such as murder for hire, more than one victim, torture, a victim under 14, killing a justice-system officer, juror or witness, or killing to conceal a crime; the sentence is life with a 30-year minimum (or life without parole if the defendant was 18 or older). Second-degree murder is an intentional killing, a felony murder during listed felonies (such as first-degree arson, burglary, robbery, kidnapping or rape), or murder by abuse of a child under 14 or a dependent person; the sentence is life with a 25-year minimum. ORS 163.095, 163.105, 163.107, 163.115 |
| Pennsylvania | First-degree murder is an intentional killing (by poison, lying in wait, or any other willful, deliberate and premeditated killing); the sentence is death or life in prison. Second-degree murder is felony murder, a killing while the defendant was a principal or accomplice in robbery, rape or deviate sexual intercourse by force, arson, burglary or kidnapping; the sentence is mandatory life in prison. All other murder is third-degree murder, a felony of the first degree punishable by up to 40 years. 18 Pa.C.S. §§ 2502, 1102 |
| Rhode Island | Murder is an unlawful killing with malice aforethought. First-degree murder is a willful, deliberate, malicious and premeditated killing (including by poison or lying in wait), a killing during arson, rape or other sexual assault, child molestation, burglary or breaking and entering, robbery, kidnapping or felony drug distribution (felony murder), or the murder of a police officer or prosecutor on duty; it is punished by life in prison, and for listed aggravated murders (such as murder for hire, torture, killing an officer or judge, or a killing by a prison inmate) the court may order life without parole. Any other murder is second-degree murder, punished by at least ten (10) years and up to life. R.I. Gen. Laws §§ 11-23-1, 11-23-2 |
| South Carolina | South Carolina does not divide murder into degrees. Murder is the killing of any person with malice aforethought, express or implied. A person convicted of murder must be sentenced to death or to a mandatory minimum of thirty (30) years up to life; 'life' means until death without parole, and no parole, early release or sentence-reducing credits apply. Death may be sought only when a statutory aggravating circumstance is found beyond a reasonable doubt; if the jury does not recommend death, the judge must impose life. S.C. Code §§ 16-3-10, 16-3-20 |
| South Dakota | First-degree murder is a killing without authority of law with a premeditated design to cause the death of the person killed or any other human being (including an unborn child), or a killing during an arson, rape, robbery, burglary, kidnapping or unlawful use of a destructive device or explosive (felony murder), including killing a victim of those crimes to avoid detection. It is a Class A felony, punished by death or life in prison (no lesser sentence). Second-degree murder is a killing by an act imminently dangerous to others showing a depraved mind, without premeditated design; it is a Class B felony with a mandatory life sentence. SDCL 22-16-4, 22-16-7, 22-16-12; 22-6-1 |
| Tennessee | First-degree murder covers a premeditated and intentional killing, a killing during listed felonies such as arson, robbery, burglary, kidnapping or rape (felony murder), and killings by bombs, during terrorism and during certain rapes. It is punished by death, life in prison without parole, or life in prison. Second-degree murder covers a knowing killing, and a death caused by unlawfully distributing a Schedule I or II drug (or fentanyl or carfentanil) that kills the user; it is a Class A felony (15 to 60 years, fine up to $50,000), and a knowing killing must be sentenced at least as a Range II offender. Tennessee has no third-degree murder. Tenn. Code Ann. §§ 39-13-202, 39-13-210; Tenn. Code Ann. § 40-35-111 |
| Texas | Texas uses 'capital murder' and 'murder' instead of degrees. Murder (intentionally or knowingly killing someone, intending serious injury and committing a clearly dangerous act that kills, felony murder, or delivering a fentanyl-type drug that kills) is a first-degree felony: 5 to 99 years or life, plus up to a $10,000 fine. If the defendant proves at sentencing that the killing happened in sudden passion from adequate cause, it drops to a second-degree felony (2 to 20 years). Capital murder (an intentional murder plus a listed factor, such as killing a police officer or firefighter, murder during kidnapping, burglary, robbery, sexual assault or arson, murder for hire, multiple murders, or a victim under 15) is a capital felony: death or life without parole for adults, or life for an offender under 18. Tex. Penal Code §§ 19.02, 19.03, 12.31, 12.32, 12.33 |
| Utah | Utah uses 'aggravated murder' and 'murder' instead of degrees. Aggravated murder (an intentional or knowing killing with a listed aggravating circumstance, such as killing two or more people in one episode, killing a peace officer, killing during a listed felony like robbery, rape, arson or burglary, or killing for money) is a capital felony if the prosecutor files notice to seek death; otherwise it is a first-degree felony punished by life without parole or 25 years to life (no life without parole for offenders under 18). Murder (an intentional or knowing killing, intending serious injury by a clearly dangerous act, depraved-indifference killing, or a death during a listed predicate felony) is a first-degree felony with a prison term of 15 years to life. If 'special mitigation' is proven, murder is reduced to manslaughter. Utah Code §§ 76-5-202, 76-5-203, 76-3-207.7 |
| Vermont | First-degree murder is a killing by poison, lying in wait, or willful, deliberate and premeditated killing, or a killing during arson, sexual assault, aggravated sexual assault, kidnapping, robbery or burglary; all other murder is second degree. First-degree murder carries life in prison with a minimum term of 35 years (a jury may find aggravating or mitigating factors that move the minimum from 15 years up to life without parole). Second-degree murder carries life with a minimum term of 20 years (adjustable from 10 years up to life without parole). Vermont has no third-degree murder; a death caused by willfully and maliciously burning a building is first-degree murder. 13 V.S.A. §§ 2301, 2303, 501 |
| Virginia | Virginia has aggravated murder, first-degree murder and second-degree murder. Aggravated murder (a willful, deliberate and premeditated killing with a listed factor, such as murder for hire, during a robbery or rape, of a police officer, or of more than one person) is a Class 1 felony: life in prison and a fine up to $100,000. First-degree murder (killing by poison, lying in wait, imprisonment or starving, any willful, deliberate and premeditated killing, or a killing during arson, rape, robbery, burglary or abduction) is a Class 2 felony: 20 years to life and up to $100,000. All other murder, including an accidental killing during another felony, is second-degree murder: 5 to 40 years. Va. Code §§ 18.2-31, 18.2-32, 18.2-33; Va. Code §§ 18.2-10, 18.2-11 |
| Washington | First-degree murder is a killing with premeditated intent, a killing under circumstances showing extreme indifference to human life, or a death during first- or second-degree robbery, rape, kidnapping, first-degree burglary or first- or second-degree arson (felony murder); it is a class A felony and the statute provides a life sentence. Aggravated first-degree murder is punished by life without release or parole (for offenders under 18, a minimum of 25 years up to life). Second-degree murder (intentional but not premeditated, or a death during any other felony, including assault) is a class A felony (up to life and $50,000). Homicide by abuse of a child under 16 or a dependent person after a pattern of abuse is also a class A felony. RCW 9A.32.030, 9A.32.040, 9A.32.050, 9A.32.055, 10.95.030; RCW 9A.20.021 |
| West Virginia | First-degree murder is a killing by poison, lying in wait, imprisonment or starving, any willful, deliberate and premeditated killing, or a killing during (or an attempt at) arson, kidnapping, sexual assault, robbery, burglary, breaking and entering, escape from lawful custody, or a felony manufacture or delivery of a controlled substance (felony murder). All other murder is second-degree murder. First-degree murder is punished by life in the penitentiary without parole eligibility, unless the jury recommends mercy (or, on a guilty plea, the court so provides), in which case the person becomes eligible for parole under the general parole law. Second-degree murder carries a definite term of 15 to 60 years, with no parole before 15 years served (or the general parole minimum, if greater). These sections set no third-degree murder and no death penalty. W. Va. Code §§ 61-2-1, 61-2-2, 61-2-3, 62-3-15 |
| Wisconsin | Wisconsin uses 'homicide' instead of murder degrees. First-degree intentional homicide (causing a death with intent to kill) is a Class A felony: life imprisonment. First-degree reckless homicide (recklessly causing a death under circumstances showing utter disregard for human life, or causing a death by delivering certain schedule I or II drugs) is a Class B felony: up to 60 years. Felony murder (causing a death while committing or attempting listed felonies such as sexual assault, robbery, burglary, kidnapping, arson or certain batteries) adds up to 15 years to the maximum term for the underlying crime. Second-degree reckless homicide (recklessly causing a death) is a Class D felony: up to 25 years and/or a $100,000 fine. There is no third-degree murder. Wis. Stat. §§ 940.01, 940.02, 940.03, 940.06; Wis. Stat. §§ 939.50, 939.51 |
| Wyoming | First-degree murder is killing purposely and with premeditated malice, or killing anyone while committing or attempting sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping or abuse of a child under 16 (felony murder). It is punished by death, life without parole, or life imprisonment 'according to law'; a defendant under 18 at the time can receive only life imprisonment, and the judge chooses between the two life sentences unless the state seeks death. Second-degree murder, killing purposely and maliciously but without premeditation, carries 20 years to life (at least 40 years to life if the defendant knew the victim was pregnant). Wyoming has no third-degree murder. W.S. 6-2-101, 6-2-104, 6-2-109 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.