Murder (United States law)

In the United States, the law for murder varies by jurisdiction. In most 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, followed by voluntary manslaughter and involuntary manslaughter which are not as 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 32 states,[3] and in the federal civilian and military legal systems. The United States is unusual in actually performing executions,[4] 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.[5] In 2014 a total of 35 people were executed,[6] and 3,002 were on death row.[7]

The federal Unborn Victims of Violence Act, enacted in 2004 and codified at 18 U.S. Code § 1841,[8] allows for a fetus to be treated as a victim in crimes. Subsection (c) of that statute specifically prohibits prosecutions related to consented abortions and medical treatments.[8]

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.[9]

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.

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

Degrees
See also: Third-degree murder

States have adopted several different systems for classifying murders by degree. The most common separates murder into two degrees (first- and second-degree murder), and treats voluntary and involuntary manslaughter as separate crimes that do not constitute murder.[12]

First-degree murder
Any intentional murder 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,[12] is typically first-degree.[13]
Second-degree murder
Any intentional murder with malice aforethought, but is not premeditated or planned in advance.[14]
Voluntary manslaughter
Sometimes called a crime of passion murder, 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.[15]
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.[16]

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.[17]

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.[18] Under this system, second-degree murder is any other premeditated murder.[19]

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
Jurisdiction1st degree2nd degree3rd degreeOther named categoriesSource
Federal Yes Yes No No [20]
Alabama No No No Murder[lower-alpha 1] [21]
Alaska Yes[lower-alpha 2] Yes[lower-alpha 3] No No [22][23]
American Samoa Yes[lower-alpha 4] Yes[lower-alpha 5] No No [24]
Arizona Yes[lower-alpha 6] Yes[lower-alpha 7] No No [25]
Arkansas Yes[lower-alpha 8] Yes[lower-alpha 9] No Capital murder[lower-alpha 10] [26]
California Yes[lower-alpha 11] Yes[lower-alpha 11] No No [27][28]
Colorado Yes[lower-alpha 12] Yes[lower-alpha 13] No No [29]
Connecticut No No No Murder,[lower-alpha 14] Murder with special circumstances,[lower-alpha 15] Felony murder,[lower-alpha 16] Arson murder[lower-alpha 17] [30]
Delaware Yes[lower-alpha 18] Yes[lower-alpha 19] No No [31]
District of Columbia Yes[lower-alpha 20] Yes[lower-alpha 21] No No [32]
Florida Yes[lower-alpha 22] Yes[lower-alpha 23] Yes[lower-alpha 24] No [33]
Georgia No No No Murder, Felony murder[lower-alpha 25] [34]
Guam No No No Murder,[lower-alpha 26] Aggravated murder[lower-alpha 27] [35]
Hawaii Yes[lower-alpha 28] Yes[lower-alpha 29] No No [36]
Idaho Yes[lower-alpha 30] Yes[lower-alpha 30] No No [37]
Illinois Yes[lower-alpha 31] Yes[lower-alpha 32] No No [38]
Indiana No No No Murder[lower-alpha 33] [39]
Iowa Yes[lower-alpha 34] Yes[lower-alpha 35] No No [40]
Kansas Yes[lower-alpha 36] Yes[lower-alpha 37] No Capital murder[lower-alpha 38] [41]
Kentucky No No No Murder[lower-alpha 39] [42]
Louisiana Yes[lower-alpha 40] Yes[lower-alpha 41] No No [43]
Maine No No No Murder,[lower-alpha 42] Felony murder[lower-alpha 43] [44]
Maryland Yes[lower-alpha 44] Yes[lower-alpha 45] No No [45]
Massachusetts Yes Yes No No [46]
Michigan Yes[lower-alpha 46] Yes[lower-alpha 47] No No [47]
Minnesota Yes[lower-alpha 48] Yes[lower-alpha 49] Yes[lower-alpha 50] No [48]
Mississippi Yes[lower-alpha 51] Yes[lower-alpha 52] No Capital murder[lower-alpha 53] [49]
Missouri Yes[lower-alpha 54] Yes[lower-alpha 55] No No [50]
Montana No No No Deliberate homicide,[lower-alpha 56] Mitigated deliberate homicide[lower-alpha 57] [51][52]
Nebraska Yes[lower-alpha 58] Yes[lower-alpha 59] No No [53]
Nevada Yes[lower-alpha 60] Yes[lower-alpha 60] No No [54]
New Hampshire Yes[lower-alpha 61] Yes[lower-alpha 62] No Capital murder[lower-alpha 63] [55]
New Jersey No No No Murder[lower-alpha 64] [56][57]
New Mexico Yes[lower-alpha 65] Yes[lower-alpha 66] No No [58]
New York Yes[lower-alpha 67] Yes[lower-alpha 68] No Aggravated murder[lower-alpha 69] [59]
North Carolina Yes[lower-alpha 70] Yes[lower-alpha 70] No Murder of an unborn child[lower-alpha 71] [60]
North Dakota No No No Murder[lower-alpha 72] [61]
Northern Mariana Islands Yes[lower-alpha 73] Yes[lower-alpha 74] No No [62]
Ohio No No No Murder,[lower-alpha 75] Aggravated murder[lower-alpha 76] [63]
Oklahoma Yes[lower-alpha 77] Yes[lower-alpha 78] No No [64]
Oregon No No No Murder,[lower-alpha 79] Aggravated murder[lower-alpha 80] [65]
Pennsylvania Yes[lower-alpha 81] Yes[lower-alpha 82] Yes[lower-alpha 83] No [66]
Puerto Rico
Rhode Island Yes[lower-alpha 84] Yes[lower-alpha 84] No No [67]
South Carolina No No No Murder[lower-alpha 85] [68]
South Dakota Yes[lower-alpha 86] Yes[lower-alpha 87] No No [69]
Tennessee Yes[lower-alpha 88] Yes[lower-alpha 89] No No [70]
Texas No No No Murder,[lower-alpha 90] Capital murder[lower-alpha 91] [71]
U.S. Virgin Islands
Utah No No No Murder,[lower-alpha 92] Aggravated murder[lower-alpha 93] [72]
Vermont Yes[lower-alpha 94] Yes[lower-alpha 94] No No [73]
Virginia Yes[lower-alpha 95] Yes[lower-alpha 95] No Capital murder[lower-alpha 96] [74]
Washington Yes[lower-alpha 97] Yes[lower-alpha 98] No No [75]
West Virginia Yes[lower-alpha 99] Yes[lower-alpha 99] No No [76]
Wisconsin No No No First-degree intentional homicide,[lower-alpha 100] first-degree reckless homicide,[lower-alpha 101] felony murder[lower-alpha 102] [77]
Wyoming Yes[lower-alpha 103] Yes[lower-alpha 104] No No [78]

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.[79] 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.[80] 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.[81]

Sentencing guidelines
Main article: List of punishments for murder in the United States
See also: Third-degree murder § By jurisdiction

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.[82]

California

If a person is convicted of capital murder in California, that person may face a sentence of life in prison without the possibility of parole, or the death penalty.[83]

A person convicted of first-degree murder will face a sentence of 25 years-to-life in prison, and thus must serve at least 25 years before being eligible for parole.[83] If the murder was committed because of the victim's race, religion, or gender, the convicted will be sentenced to life in prison without the possibility of parole.[84]

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.[85]

Punishments are increased if the murder victim was a peace officer,[86] or was killed during a drive-by shooting.[87]

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.[88]

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.[89][90]

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.[91][92] 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
  • 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.[93]

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.[94]

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.[95]

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.[96] If a person is convicted of first-degree murder, he will not receive anything lower than life imprisonment.[97]

The offender can possibly get a charge of aggravated first-degree murder if he commits first-degree murder and have an aggravating circumstance, for example if he kills a public safety official, such as a police officer, firefighter, or paramedic. In this case he can receive the death penalty.[98] 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. 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; felony murder.
  26. GU Code § 16.40. Murder Defined.
  27. GU Code § 16.30. Aggravated Murder Defined.
  28. HI Rev Stat § 707-701. Murder in the first degree.
  29. HI Rev Stat § 707-701.5. Murder in the second degree.
  30. ID Statutes § 18-4003. Degrees of murder.
  31. Sec. 9-1. First-degree Murder - Death penalties – Exceptions – Separate Hearings – Proof – Findings – Appellate procedures – Reversals.
  32. Sec. 9-2. Second-degree murder.
  33. IN Code § 35-42-1-1. Murder.
  34. IA Code § 707.2. Murder in the first degree.
  35. IA Code § 707.3. Murder in the second degree.
  36. KS Stat §21-5402. Murder in the first degree.
  37. KS Statutes §21-5401. Murder in the second degree.
  38. KS Stat §21-5401. Capital murder.
  39. KY Rev Stat § 507.020 (2017). Murder.
  40. LA Rev Stat § 30. First degree murder.
  41. LA Rev Stat § 30.1. Second degree murder.
  42. 17-A ME Rev Stat §201. Murder.
  43. 17-A ME Rev Stat §202. Felony murder.
  44. MD Code § 2-201. Murder in the first degree
  45. MD Code § 2-204. Murder in the second degree (Amendment effective October 1, 2017.)
  46. MI Compiled Laws § 750.316 First degree murder; penalty; definitions.
  47. MI Compiled Laws § 750.317 Second degree murder; penalty.
  48. MN Statutes § 609.185. Murder in the first degree.
  49. MN Statutes § 609.19 Murder in the second degree.
  50. MN Statutes § 609.195 Murder in the third degree.
  51. MS Code § 97-3-19(1)(a), (1)(c), (1)(d).
  52. MS Code § 97-3-19(1)(b).
  53. MS Code § 97-3-19(2).
  54. MO Rev Stat § 565.020 (2016). First degree murder, penalty — person under eighteen years of age, penalty.
  55. MO Rev Stat § 565.021 (2016). Second degree murder, penalty.
  56. MT Code § 45-5-102 (2017). Deliberate homicide.
  57. MT Code § 45-5-103 (2017). Mitigated deliberate homicide.
  58. NE Rev Stat § 28-303 (2017). Murder in the first degree; penalty.
  59. NE Rev Stat § 28-304 (2017). Murder in the second degree; penalty.
  60. NV Rev Stat § 200.030. Degrees of murder; penalties.
  61. NH Statutes § 630:1-a. First Degree Murder.
  62. NH Statutes § 630:1-b. Second Degree Murder.
  63. NH Statutes § 630:1. Capital Murder.
  64. NJ Statutes § 2C:11-3. Murder.
  65. NM Statutes § 30-2-1(A).
  66. NM Statutes § 30-2-1(B).
  67. NY PEN § 125.27. Murder in the first degree.
  68. NY PEN § 125.25. Murder in the second degree.
  69. NY PEN § 125.26. Aggravated murder.
  70. NC Gen Stat § 14-17. Murder in the first and second degree defined; punishment.
  71. NC Gen Stat § 14-23.2. Murder of an unborn child; penalty.
  72. ND Code § 12.1-16-01. Murder.
  73. MP Code § 1101(a). First Degree Murder.
  74. MP Code § 1101(b). Second Degree Murder.
  75. OH Revised Code § 2903.02.
  76. OH Revised Code § 2903.01.
  77. OK Stat § 21-701.7. Murder in the first degree.
  78. OK Stat § 21-701.8. Murder in the second degree.
  79. OR Rev Stat § 163.115 - Murder; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term.
  80. OR Rev Stat § 163.095 (2017). "Aggravated murder" defined.
  81. 18 PA Cons Stat § 2502(a). Murder of the first degree.
  82. 18 PA Cons Stat § 2502(b). Murder of the first degree.
  83. 18 PA Cons Stat § 2502(c). Murder of the first degree.
  84. RI Gen L § 11-23-1 (2013). Murder.
  85. SC Code § 16-3-10.
  86. SD Codified Laws § 22-16-4. Homicide as murder in the first degree.
  87. SD Codified Laws § 22-16-7. Homicide as murder in the second degree.
  88. TN Code § 39-13-202. First degree murder.
  89. TN Code § 39-13-202. Second degree murder.
  90. TX Penal Code § 19.02. Murder.
  91. TX Penal Code § 19.03. Capital Murder.
  92. UT Criminal Code § 203. Murder.
  93. UT Criminal Code § 202. Aggravated murder.
  94. VT Statutes § 2301. Murder-Degrees defined.
  95. VA Code § 18.2-32. First and second degree murder defined; punishment
  96. VA Code § 18.2-31. Capital murder defined; punishment.
  97. WA Rev Code § 9A.32.030. Murder in the first degree
  98. WA Rev Code § 9A.32.050. Murder in the second degree
  99. WV Code § 61-2-1. First and second degree murder defined; allegations in indictment for homicide.
  100. WI Stat § 940.01. First-degree intentional homicide.
  101. WI Stat § 940.02. First-degree reckless homicide.
  102. WI Stat § 940.03. Felony murder.
  103. WY Code § 6-2-101. Murder in the first degree; penalty.
  104. WY Code § 6-2-104. Murder in the second degree; penalty.

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  14. "Second Degree Murder Overview". FindLaw. Retrieved September 10, 2017.
  15. "Voluntary Manslaughter: Definition". FindLaw. Retrieved September 10, 2017.
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  19. See, e.g., "New York Penal Code, Sec. § 125.25 Murder in the second-degree". New York State Senate. Retrieved September 10, 2017.
  20. 18 U.S.C. § 1111(a)
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  22. "Alaska Statutes Title 11 (Criminal Law), Chapter 41 (Offenses Against the Person), Article 1 (Homicide)". findlaw.com. Retrieved March 13, 2018.
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  37. "Idaho Statutes, Title 18 (Crimes and Punishments), Chapter 40 (Homicide)". Idaho State Legislature. 2017. Retrieved March 13, 2018.
  38. "(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.
  39. "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.
  40. "Iowa Code 2018, Title XVI (Criminal Law and Procedure), Chapter 707 (Homicide and Related Crimes)". Iowa Legislature. 2018. Retrieved March 13, 2018.
  41. "Kansas Statutes, Chapter 21 (Crimes and Punishments), Article 54 (Crimes Against Persons)". Kansas Legislature. 2014. Retrieved March 13, 2018.
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