Murder Laws in the United States

Murder in the United States is a state-law crime in almost all cases, defined as the unlawful killing of a person with "malice aforethought." The exact definition, degrees, and penalties differ by state. Most states recognize first-degree (premeditated) and second-degree murder, a smaller number add third-degree murder, and all states address lesser killings through manslaughter statutes.

Homicide, Murder, and Manslaughter: The Hierarchy

Homicide simply means one person caused the death of another. It is the broadest category and includes conduct that is entirely lawful. Criminal homicide is the subset punished by the state and is divided into murder and manslaughter. Justifiable homicide (a law-enforcement officer using authorized deadly force, or a civilian acting in lawful self-defense) sits outside the criminal law entirely.

Murder requires malice aforethought. In most jurisdictions that means either (1) an intent to kill, (2) an intent to inflict serious bodily harm, (3) depraved-heart recklessness showing extreme indifference to human life, or (4) the intent to commit a dangerous felony (the felony-murder rule). Manslaughter covers killings without malice: voluntary manslaughter is a heat-of-passion killing that would otherwise be murder, and involuntary manslaughter is a reckless or criminally negligent killing.

Because every state writes its own code, the boundary between murder and manslaughter shifts from jurisdiction to jurisdiction. A killing that is second-degree murder in New York might be first-degree in Texas or voluntary manslaughter in a state with broader provocation rules. See the comparison of murder, homicide, and manslaughter.

Degrees of Murder

First-Degree Murder

First-degree murder is the most serious homicide charge in most state codes and consistently requires premeditation and deliberation: the defendant formed a plan to kill and carried it out. Many state codes expand first-degree to cover killings that are premeditated OR that are committed in a particularly aggravated way, such as by poison, lying in wait, or during certain enumerated felonies (some states fold specific felony-murder scenarios into first-degree rather than treating them as a separate doctrine). A minority of states place a separately named capital murder tier above first-degree murder, which is covered below.

Typical sentence: 25 years to life imprisonment, life without parole (LWOP), or death where the state authorizes capital punishment. See state-by-state first-degree sentencing ranges.

Second-Degree Murder

Second-degree murder covers intentional killings that lack premeditation, as well as depraved-heart killings where the defendant acted with extreme recklessness. A classic example is a sudden-rage killing where the defendant intended to kill in the moment but formed no advance plan.

Typical sentence: A range that reaches up to life imprisonment in most states, with minimums that vary widely. Illinois sets its floor at 4 years for a Class 1 felony, while many states start at 15 or 20 years.

Third-Degree Murder

Only a small number of states use a third-degree category. Florida, Minnesota, and Pennsylvania each define it differently:

• Florida uses third-degree murder for felony-murder scenarios involving non-enumerated felonies.
• Minnesota uses it for depraved-mind killings and for certain drug-delivery deaths.
• Pennsylvania makes third-degree the statutory catch-all. Under 18 Pa.C.S. 2502, first-degree murder is an intentional killing (willful, deliberate, and premeditated), second-degree murder is felony murder (a killing committed while the defendant was engaged as a principal or an accomplice in the perpetration of a felony), and "all other kinds of murder" fall into third-degree. Pennsylvania is thus one of the states where felony murder IS the second degree, and third-degree covers malice killings that fit neither of the higher categories.

No other state currently has a third-degree murder statute. Many states that lack the category handle similar conduct through second-degree murder or manslaughter provisions.

Felony Murder

The felony-murder rule attributes murder liability to anyone who participates in an inherently dangerous felony if a death results, even if the participant did not intend to kill. A robber whose accomplice shoots a store clerk can be charged with murder even if the robber never touched a weapon.

Most states retain broad felony-murder liability. The major reform exception is California, where SB 1437 (2019) and SB 775 (2022) limited the doctrine: a defendant can now be convicted of felony murder in California only if the defendant was the actual killer, directly aided a killing with intent to kill, or was a major participant who acted with reckless indifference to human life. Texas, Florida, Ohio, and most other states continue to apply the traditional broad rule.

Capital Murder and the Death Penalty

Capital murder is murder that is eligible for the death penalty under a state or federal statute. Every capital scheme requires "aggravating factors" (circumstances that make the crime especially severe) to narrow the class of death-eligible defendants.

Current Death Penalty Landscape (2026)

27 states authorize the death penalty: Alabama, Arizona, Arkansas, California, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.

23 states plus the District of Columbia have abolished it. Recent legislative abolitions include Virginia (2021), Washington (2023), and Colorado (2020).

Moratoria among the 27 authorizing states: California (Governor Newsom, 2019; 578 people on death row as of end-of-2025 reporting), Pennsylvania (moratorium continued by Governor Shapiro), and Ohio (Governor DeWine has indicated no executions are anticipated through 2026). Oregon's death row is empty after Governor Brown commuted all 17 sentences to LWOP in December 2022, but the statute remains on the books and the state is officially listed as retaining the death penalty with a continuing moratorium.

Executions resumed in several states after long pauses. South Carolina carried out multiple executions in 2024 and 2025, including by firing squad. Louisiana executed prisoners by nitrogen hypoxia for the first time in 15 years. Tennessee resumed executions in May 2025 with additional executions scheduled for 2026. Utah executed Taberon Honie in August 2024, its first execution since 2010. Indiana resumed executions in December 2024.

Federal death penalty: Federal law authorizes capital punishment for specified crimes under 18 U.S.C. 1111 and other statutes. President Biden commuted 37 of the 40 federal death sentences on December 23, 2024, leaving three prisoners on federal death row. President Trump signed Executive Order 14164, "Restoring the Death Penalty and Protecting Public Safety," on January 20, 2025, and Attorney General Bondi's February 5, 2025 memorandum lifted the execution moratorium that had been in place since July 2021 and rescinded the prior DOJ death penalty guidance effective immediately. On April 24, 2026, the Department of Justice released a report proposing an expansion of federal death penalty authority, including adding firing squad, electrocution, and lethal gas as execution methods. That report is a proposal to Congress, not a change in current law. The federal death penalty remains active in 2026.

Sentencing: From Minimums to Life

Murder sentencing guidelines vary enormously by state. The table below shows the confirmed anchor points from verified 2026 state-code research.

Arkansas and Idaho share the shortest confirmed 10-year floor for first-degree murder, and each arrives there from a different direction. Arkansas punishes first-degree murder as a Class Y felony at 10 to 40 years or life, a tier below what Arkansas calls "capital murder" (death or LWOP), so Arkansas first-degree murder corresponds more closely to what many states call second-degree murder.

Idaho reaches the same number a different way. Idaho Code 18-4004 punishes first-degree murder by death or by imprisonment for life, and where no aggravating circumstance supports a fixed life term, the court imposes "a life sentence with a minimum period of confinement of not less than ten (10) years." That 10 years is a parole-eligibility floor inside a life sentence, not a ceiling on the time served.

Life Sentences and LWOP

Many first-degree murder convictions result in a sentence of life with the possibility of parole or life without parole (LWOP). LWOP means the person will never be considered for parole and will die in prison. Nearly every state and the federal system allow LWOP for murder. Alaska is the notable exception: Alaska Stat. 12.55.125(a) sentences first-degree murder to a definite term of at least 30 and not more than 99 years, with a mandatory 99-year term for the most aggravated killings (such as murdering a peace officer or murder by a repeat offender), and no Alaska sentence is formally labeled life without parole. A 99-year term can outlast a natural lifespan, so the practical difference is narrower than the label suggests. Some states, particularly those without the death penalty, rely on LWOP heavily for the worst homicides.

Juvenile Sentencing After Miller and Jones

The Supreme Court's ruling in Miller v. Alabama (2012) held that mandatory JLWOP (a sentence of life without parole automatically imposed on juveniles) violates the Eighth Amendment. Montgomery v. Louisiana (2016) made Miller retroactive to sentences that were already final, and a state may satisfy it either by resentencing those prisoners or by making them eligible for parole.

In Jones v. Mississippi (2021), the Court clarified that a sentencer does not need to make a specific written finding of "permanent incorrigibility" before imposing discretionary JLWOP. The net rule today: mandatory JLWOP is unconstitutional; discretionary JLWOP remains permissible. Approximately 28 states plus DC have eliminated JLWOP, by statute or by court ruling.

Federal Murder Law

When a killing occurs on federal land, aboard a federal aircraft, or involves a federal official, it is prosecuted under federal law rather than state law. The primary federal murder statute is 18 U.S.C. 1111, which uses the same first-degree/second-degree framework: a person guilty of first-degree federal murder "shall be punished by death or by imprisonment for life," and a person guilty of second-degree murder "shall be imprisoned for any term of years or for life." Federal sentencing is governed by the U.S. Sentencing Guidelines, which courts must calculate but are not bound to follow after United States v. Booker (2005).

State prosecutions remain far more common than federal ones. The overwhelming majority of homicide cases are charged under each state's own penal code.

Key Internal Resources

• Murder Sentencing Guidelines: Minimum to Maximum for Every State
• First-Degree vs. Second-Degree vs. Third-Degree Murder: What Is the Difference?
• What Is the Difference Between Murder, Homicide, and Manslaughter?
• What Is Capital Murder?
• How Long Is a Life Sentence? State-by-State Overview
• How Many Years for First-Degree Murder?
• How Many Years for Second-Degree Murder?

Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Murder law varies significantly by state and continues to evolve through legislation and court decisions. If you are involved in a criminal matter, consult a licensed attorney in your jurisdiction.

Frequently Asked Questions

How many degrees of murder are there in the United States?

Most states recognize two degrees: first-degree (premeditated) and second-degree (intentional but not premeditated, or depraved-heart reckless). Only Florida, Minnesota, and Pennsylvania use a third-degree category. Some states also have a separate capital murder designation for death-eligible offenses.

How many states have the death penalty in 2026?

27 states authorize capital punishment as of 2026. 23 states plus the District of Columbia have abolished it. Among the 27, California, Pennsylvania, Ohio, and Oregon have active moratoria and have not carried out executions in recent years, though their statutes remain on the books.

What is felony murder?

Felony murder holds anyone who participates in an inherently dangerous felony responsible for a death that occurs during that felony, even without intent to kill. Most states retain the doctrine. California significantly limited it in 2019 and 2022, requiring either that the defendant was the actual killer, aided with intent to kill, or was a major participant acting with reckless indifference to human life.

What is the shortest sentence for first-degree murder?

Arkansas and Idaho share the shortest confirmed statutory floor for first-degree murder at 10 years. Arkansas punishes first-degree murder as a Class Y felony at 10 to 40 years or life, a tier below its capital murder charge, which carries death or life without parole. Idaho Code 18-4004 reaches the same number differently: where no aggravating circumstance supports a fixed life term, the court imposes a life sentence with a minimum period of confinement of not less than ten years before parole eligibility. In both states the 10 years is a floor, not a typical outcome.

Can a juvenile receive life without parole for murder?

Yes, but only as a discretionary sentence. The Supreme Court held in Miller v. Alabama (2012) that mandatory juvenile life without parole violates the Eighth Amendment. Under Jones v. Mississippi (2021), a court may still impose JLWOP after an individualized hearing, but it cannot be automatic. About 28 states plus DC have gone further and abolished JLWOP, by statute or by court ruling.

Is murder a state or federal crime?

In the vast majority of cases, murder is prosecuted under state law. Each state has its own penal code with its own definitions and penalties. Federal murder law (18 U.S.C. 1111) applies when the killing occurs on federal property or involves certain federal interests. State and federal charges can coexist in some circumstances without violating double jeopardy.

What is second-degree murder?

Second-degree murder generally covers intentional killings that were not premeditated, and in many states also covers depraved-heart killings where the defendant acted with extreme recklessness. Sentences commonly range from around 15 years up to life imprisonment, with Illinois setting one of the lowest statutory floors at 4 years.