List of punishments for murder in the United States
Updated: 5/20/2026, 7:03:16 PM Wikipedia source
Murder, as defined in common law countries, is the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts an enormous amount of grief for individuals close to the victim, as well as the fact that the commission of a murder permanently deprives the victim of their existence, most societies have considered it a very serious crime warranting the harshest punishments available. A person who commits murder is called a murderer, and the penalties, as outlined below, vary from state to state. In 2005, the United States Supreme Court held that offenders under the age of 18 at the time of the murder were exempt from the death penalty under Roper v. Simmons. In 2012, the United States Supreme Court held in Miller v. Alabama that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders.
Tables
| Offense | Mandatory Sentencing |
| Second degree murder | Any term of years or life without parole (There is no federal parole, U . sentencing guidelines offense level 38: 235–293 months with a clean record, 360 months–life with serious past offenses) |
| Second degree murder by an inmate, even escaped, serving a life sentence | Life without parole |
| First degree murder | Death (aggravating circumstances), life without parole, or any term of years (only an option if the defendant was a juvenile) |
| Offense | Mandatory Sentencing |
| Murder under UCMJ Article 118 Clause (2) or (3) (Second degree murder) | Any legal punishment (other than death) as directed by the court-martial |
| Murder under UCMJ Article 118 Clause (1) or (4) (First degree murder) | Death (aggravating circumstances), life without parole, or life (minimum of 20 years) |
| Offense | Mandatory Sentencing |
| Second degree murder | Any term of years, but no more than 40 years (unless there are aggravating circumstances), or life without parole |
| First degree murder | 30–60 years (sentence can exceed 60 years if there are aggravating circumstances) or life without parole |
| Murder of a law enforcement officer | Life without parole (if the defendant was a juvenile, a judge sets a term of 60 years) |
| Offense | Mandatory Sentencing |
| Second degree murder | 15–50 years |
| First degree murder | 99 years |
| Offense | Mandatory Sentencing |
| Second degree murder | Not less than 5 years (10 years if the victim was a law enforcement officer) |
| First degree murder | Life without parole (For juveniles, a judge sets a sentence of any term of years not exceeding life) |
References
- The Los Angeles Timeshttp://www.latimes.com/news/politics/la-pn-supreme-court-rules-juvenile-life-without-parole-cruel-and-unusual-20120625,0,601985.story
- The Atlantichttps://www.theatlantic.com/national/archive/2012/06/if-you-think-monday-was-bad-at-the-supreme-court/258963/
- "Title 18 - CRIMES AND CRIMINAL PROCEDURE :: 2010 US Code :: US Codes and Statutes :: US Law :: Justia"http://law.justia.com/us/codes/title18/parti_chapter51_.html
- "10 USC § 918 - Art. 118. Murder | LII / Legal Information Institute"https://www.law.cornell.edu/uscode/text/10/918-
- codehttps://code.dccouncil.us/dc/council/code/sections/22-2104.html#:~:text=%C2%A7%2022%E2%80%932104.-,Penalty%20for%20murder%20in%20first%20and%20second%20degrees.,403.01(b-2).
- "2019 US Virgin Islands Code :: Title 14 - Crimes :: Chapter 45 - Homicide :: § 923. Punishment for murder"https://law.justia.com/codes/virgin-islands/2019/title-14/chapter-45/923/
- Alabama Pardon and Expungements Bloghttps://www.alabamacriminalandfamilylawyerblog.com/alabamas-criminal-laws-murder-manslaughter-criminally-negligent-homicide/
- "Alaska Statutes: AS 12 . Sentences of Imprisonment For Felonies"http://touchngo.com/lglcntr/akstats/Statutes/Title12/Chapter55/Section125.htm
- "Arizona Vehicular Crimes - Phoenix AZ Criminal Lawyers - Gillespie Law Firm"http://www.craiggillespie.com/vehicular-crimes.html
- Justia Lawhttps://law.justia.com/codes/arkansas/2010/title-5/subtitle-2/chapter-10/5-10-103/
- leginfohttps://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=1.&article=
- Shouse Law Grouphttps://www.shouselaw.com/ca/defense/laws/involuntary-manslaughter/
- Shouse Law Grouphttps://www.shouselaw.com/ca/defense/penal-code/187/2nd-degree/
- Shouse Law Grouphttps://www.shouselaw.com/ca/defense/penal-code/187/
- Board of Parole Hearingshttps://www.cdcr.ca.gov/bph/youth-offender-hearings-overview/
- Justia Lawhttps://law.justia.com/codes/colorado/2016/title-18/article-3/part-1/section-18-3-102/
- "782 (2)"http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.04.html
- "Indiana Death Penalty Laws"http://www.clarkprosecutor.org/html/death/dplaw.htm
- "Louisiana Laws - Louisiana State Legislature"https://legis.la.gov/Legis/Law.aspx?d=79239
- "§1251 — Imprisonment for murder :: Chapter 51 — SENTENCES OF IMPRISONMENT (§1251 - §1258) :: TITLE 17-A — MAINE CRIMINAL CODE :: 2005 Maine Code :: Maine Code :: US Codes and Statutes :: US Law :: Justia"http://law.justia.com/maine/codes/title17-ach0sec0/title17-asec1251.html