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List of punishments for murder in the United States

Updated: 11/6/2025, 12:26:38 AM 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

· Federal › Civilian
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Any term of years or life without parole(There is no federal parole, U.S. 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
Second degree murder by an inmate, even escaped, serving a life sentence
Offense
Second degree murder by an inmate, even escaped, serving a life sentence
Mandatory Sentencing
Life without parole
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances), life without parole, or any term of years (only an option if the defendant was a juvenile)
Offense
Mandatory Sentencing
Second degree murder
Any term of years or life without parole(There is no federal parole, U.S. 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)
· Federal › Military
Murder under UCMJ Article 118 Clause (2) or (3) (Second degree murder)
Murder under UCMJ Article 118 Clause (2) or (3) (Second degree murder)
Offense
Murder under UCMJ Article 118 Clause (2) or (3) (Second degree murder)
Mandatory Sentencing
Any legal punishment (other than death) as directed by the court-martial
Murder under UCMJ Article 118 Clause (1) or (4) (First degree murder)
Murder under UCMJ Article 118 Clause (1) or (4) (First degree murder)
Offense
Murder under UCMJ Article 118 Clause (1) or (4) (First degree murder)
Mandatory Sentencing
Death (aggravating circumstances), life without parole, or life (minimum of 20 years)
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)
· Federal › District of Columbia
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Any term of years, but no more than 40 years (unless there are aggravating circumstances), or life without parole
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
30–60 years (sentence can exceed 60 years if there are aggravating circumstances) or life without parole
Murder of a law enforcement officer
Murder of a law enforcement officer
Offense
Murder of a law enforcement officer
Mandatory Sentencing
Life without parole (if the defendant was a juvenile, a judge sets a term of 60 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)
· Federal › Puerto Rico
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
15–50 years
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
99 years
Offense
Mandatory Sentencing
Second degree murder
15–50 years
First degree murder
99 years
· Federal › U.S. Virgin Islands
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Not less than 5 years (10 years if the victim was a law enforcement officer)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole (For juveniles, a judge sets a sentence of any term of years not exceeding life)
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)
· By states › Alabama
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory Sentencing
2–20 years
Murder
Murder
Offense
Murder
Mandatory Sentencing
10–99 years (20–99 years if using deadly weapon) or life (minimum of 15 years)
Capital murder
Capital murder
Offense
Capital murder
Mandatory Sentencing
Death, life without parole, or life with parole eligibility after 30 years (only an option if the defendant was a juvenile)
Offense
Mandatory Sentencing
Manslaughter
2–20 years
Murder
10–99 years (20–99 years if using deadly weapon) or life (minimum of 15 years)
Capital murder
Death, life without parole, or life with parole eligibility after 30 years (only an option if the defendant was a juvenile)
· By states › Alaska
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
5–99 years
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
30–99 years
First degree murder with an aggravating factor
First degree murder with an aggravating factor
Offense
First degree murder with an aggravating factor
Mandatory Sentencing
99 years without parole (can apply for a one-time reduction after 49.5 years; for juveniles, a judge can sentence them to 99 years and the governor can parole them)
Offense
Mandatory Sentencing
Second degree murder
5–99 years
First degree murder
30–99 years
First degree murder with an aggravating factor
99 years without parole (can apply for a one-time reduction after 49.5 years; for juveniles, a judge can sentence them to 99 years and the governor can parole them)
· By states › Arizona
Negligent homicide
Negligent homicide
Offense
Negligent homicide
Mandatory Sentencing
1–3.75 years (first violent felony offense)
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory Sentencing
7–21 years (first violent felony offense)
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
10–25 years (first violent felony offense)
Felony first degree murder
Felony first degree murder
Offense
Felony first degree murder
Mandatory Sentencing
Death (aggravating circumstances), natural life imprisonment, or life (minimum of 25 years; 35 years if the victim was under the age of 15)
Premeditated first degree murder
Premeditated first degree murder
Offense
Premeditated first degree murder
Mandatory Sentencing
Death (aggravating circumstances), natural life imprisonment, or life (minimum of 25 years; 35 years if the victim was under the age of 15; only an option if the defendant was a juvenile)
Offense
Mandatory Sentencing
Negligent homicide
years (first violent felony offense)
Manslaughter
7–21 years (first violent felony offense)
Second degree murder
10–25 years (first violent felony offense)
Felony first degree murder
Death (aggravating circumstances), natural life imprisonment, or life (minimum of 25 years; 35 years if the victim was under the age of 15)
Premeditated first degree murder
Death (aggravating circumstances), natural life imprisonment, or life (minimum of 25 years; 35 years if the victim was under the age of 15; only an option if the defendant was a juvenile)
· By states › Arkansas
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
6–30 years
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
10–40 years or life without parole (eligible for parole after 25 years if the defendant was a juvenile)
Capital murder
Capital murder
Offense
Capital murder
Mandatory Sentencing
Death or life without parole (eligible for parole after 30 years if the defendant was a juvenile)
Offense
Mandatory Sentencing
Second degree murder
6–30 years
First degree murder
10–40 years or life without parole (eligible for parole after 25 years if the defendant was a juvenile)
Capital murder
Death or life without parole (eligible for parole after 30 years if the defendant was a juvenile)
· By states › California
Any felony criminal homicide
Any felony criminal homicide
Offense
Any felony criminal homicide
Mandatory Sentencing
Maximum $10,000 fine (not including fees/court costs and penalty assessments) Loss of gun rights For involuntary manslaughter with a firearm or voluntary manslaughter or murder, a strike under California Three Strikes Law Penalty Enhancements like the 10-20-life law or gang-related enhancement. Victim restitution Can't get probation for murder
Vehicular manslaughter (Standard Negligence)
Vehicular manslaughter (Standard Negligence)
Offense
Vehicular manslaughter (Standard Negligence)
Mandatory Sentencing
Up to 1 year in county jail
Vehicular manslaughter (Gross Negligence)
Vehicular manslaughter (Gross Negligence)
Offense
Vehicular manslaughter (Gross Negligence)
Mandatory Sentencing
Up to 1 year in county jail as a misdemeanor. 2, 4, or 6 years in state prison as a felony.
Vehicular manslaughter for Financial Gain
Vehicular manslaughter for Financial Gain
Offense
Vehicular manslaughter for Financial Gain
Mandatory Sentencing
4, 6, or 10 years in state prison
Involuntary manslaughter
Involuntary manslaughter
Offense
Involuntary manslaughter
Mandatory Sentencing
2, 3, or 4 years (a strike under California Three Strikes Law if a firearm was used)
Voluntary manslaughter
Voluntary manslaughter
Offense
Voluntary manslaughter
Mandatory Sentencing
3, 6, or 11 years
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
15 years to life (either 15 years to life or life without parole if the defendant served a prior murder conviction under Penal Code 190.05)
Second degree murder of a peace officer
Second degree murder of a peace officer
Offense
Second degree murder of a peace officer
Mandatory Sentencing
25 years to life (only an option if the defendant was a juvenile) (Life without parole if any of the following are true: The defendant's intention was to kill, OR Intention was to cause great bodily injury, OR A deadly weapon was used to kill. If the defendant was a juvenile, they are given a sentence under California’s three-strikes law)
Second degree murder by shooting from a motor vehicle with intent to cause great bodily injury(Intent to cause death is prosecuted as First degree murder)
Second degree murder by shooting from a motor vehicle with intent to cause great bodily injury(Intent to cause death is prosecuted as First degree murder)
Offense
Second degree murder by shooting from a motor vehicle with intent to cause great bodily injury(Intent to cause death is prosecuted as First degree murder)
Mandatory Sentencing
20 years to life
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
25 years to life
Assault causing the death of a child under 8 years of age
Assault causing the death of a child under 8 years of age
Offense
Assault causing the death of a child under 8 years of age
Mandatory Sentencing
25 years to life
First degree murder constituting a hate crime or of an operator or driver
First degree murder constituting a hate crime or of an operator or driver
Offense
First degree murder constituting a hate crime or of an operator or driver
Mandatory Sentencing
Life without parole (eligible for parole after 25 years if the defendant was a juvenile)
First degree murder with special circumstances
First degree murder with special circumstances
Offense
First degree murder with special circumstances
Mandatory Sentencing
Death or life without parole (eligible for parole after 25 years if the defendant was a juvenile)
Offense
Mandatory Sentencing
Any felony criminal homicide
Maximum $10,000 fine (not including fees/court costs and penalty assessments) Loss of gun rights For involuntary manslaughter with a firearm or voluntary manslaughter or murder, a strike under California Three Strikes Law Penalty Enhancements like the 10-20-life law or gang-related enhancement. Victim restitution Can't get probation for murder
Vehicular manslaughter (Standard Negligence)
Up to 1 year in county jail
Vehicular manslaughter (Gross Negligence)
Up to 1 year in county jail as a misdemeanor. 2, 4, or 6 years in state prison as a felony.
Vehicular manslaughter for Financial Gain
4, 6, or 10 years in state prison
Involuntary manslaughter
2, 3, or 4 years (a strike under California Three Strikes Law if a firearm was used)
Voluntary manslaughter
3, 6, or 11 years
Second degree murder
15 years to life (either 15 years to life or life without parole if the defendant served a prior murder conviction under Penal Code 190.05)
Second degree murder of a peace officer
25 years to life (only an option if the defendant was a juvenile) (Life without parole if any of the following are true: The defendant's intention was to kill, OR Intention was to cause great bodily injury, OR A deadly weapon was used to kill. If the defendant was a juvenile, they are given a sentence under California’s three-strikes law)
Second degree murder by shooting from a motor vehicle with intent to cause great bodily injury(Intent to cause death is prosecuted as First degree murder)
20 years to life
First degree murder
25 years to life
Assault causing the death of a child under 8 years of age
25 years to life
First degree murder constituting a hate crime or of an operator or driver
Life without parole (eligible for parole after 25 years if the defendant was a juvenile)
First degree murder with special circumstances
Death or life without parole (eligible for parole after 25 years if the defendant was a juvenile)
· By states › Colorado
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
16–48 years (followed by 5 years of mandatory parole)
First degree murder if the defendant was a juvenile
First degree murder if the defendant was a juvenile
Offense
First degree murder if the defendant was a juvenile
Mandatory Sentencing
Life with parole eligibility after 40 years (eligible for parole after 20-25 years if certain prison programs completed)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole
Offense
Mandatory Sentencing
Second degree murder
16–48 years (followed by 5 years of mandatory parole)
First degree murder if the defendant was a juvenile
Life with parole eligibility after 40 years (eligible for parole after 20-25 years if certain prison programs completed)
First degree murder
Life without parole
· By states › Connecticut
Second degree manslaughter
Second degree manslaughter
Offense
Second degree manslaughter
Mandatory Sentencing
Maximum of 10 years (minimum of 1 year if a firearm is used)
First degree manslaughter
First degree manslaughter
Offense
First degree manslaughter
Mandatory Sentencing
1–20 years (5–40 years if a firearm was used)
Murder
Murder
Offense
Murder
Mandatory Sentencing
25–60 years (eligible for parole if the defendant was under the age of 25)
Murder with special circumstances
Murder with special circumstances
Offense
Murder with special circumstances
Mandatory Sentencing
Life without parole (juveniles cannot be charged with murder with special circumstances)
Offense
Mandatory Sentencing
Second degree manslaughter
Maximum of 10 years (minimum of 1 year if a firearm is used)
First degree manslaughter
1–20 years (5–40 years if a firearm was used)
Murder
25–60 years (eligible for parole if the defendant was under the age of 25)
Murder with special circumstances
Life without parole (juveniles cannot be charged with murder with special circumstances)
· By states › Delaware
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Minimum of 15 years and maximum of life without parole
First degree murder if the defendant was a juvenile
First degree murder if the defendant was a juvenile
Offense
First degree murder if the defendant was a juvenile
Mandatory Sentencing
25 years to life (defendants may seek a review of their sentence after 30 years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole
Offense
Mandatory Sentencing
Second degree murder
Minimum of 15 years and maximum of life without parole
First degree murder if the defendant was a juvenile
25 years to life (defendants may seek a review of their sentence after 30 years)
First degree murder
Life without parole
· By states › Florida
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory Sentencing
9 .mw- .mw- .mw- 1⁄4–15 years (if downward departure is not granted) Maximum of 30 years in prison if: the offender used a deadly weapon or firearm the victim was a vulnerable person under the care of the offender (a child under 18, elderly person, or disabled adult) the victim was an on duty police officer or a first responder the offense was committed during a hit and run Maximum of life without parole (eligible for review of sentence after 25 years if the defendant was a juvenile) if the victim was: a vulnerable person, under the care of the offender (a child under 18, elderly person, or disabled adult) or an on duty police officer or first responder AND the offender used a deadly weapon or firearm
Third degree murder
Third degree murder
Offense
Third degree murder
Mandatory Sentencing
101⁄3–15 years (if downward departure is not granted)however the maximum enhanced to 30 years in prison if the offense had the intent to facilitate or further terrorism or the offender is a repeat offender.
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Minimum of 16 years in prison if downward departure is not grantedMandatory minimum of 25 years if firearm was usedMaximum of life in prison without parole (eligible for parole after 25 years if the defendant was under 18)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death or life without paroleIf under 18, the offender must be sentenced to a term of not less than 40 years and up to life although with a review after 25 years from the Florida Commission on Offender Review
Offense
Mandatory Sentencing
Manslaughter
years (if downward departure is not granted) Maximum of 30 years in prison if: the offender used a deadly weapon or firearm the victim was a vulnerable person under the care of the offender (a child under 18, elderly person, or disabled adult) the victim was an on duty police officer or a first responder the offense was committed during a hit and run Maximum of life without parole (eligible for review of sentence after 25 years if the defendant was a juvenile) if the victim was: a vulnerable person, under the care of the offender (a child under 18, elderly person, or disabled adult) or an on duty police officer or first responder AND the offender used a deadly weapon or firearm
Third degree murder
101⁄3–15 years (if downward departure is not granted)however the maximum enhanced to 30 years in prison if the offense had the intent to facilitate or further terrorism or the offender is a repeat offender.
Second degree murder
Minimum of 16 years in prison if downward departure is not grantedMandatory minimum of 25 years if firearm was usedMaximum of life in prison without parole (eligible for parole after 25 years if the defendant was under 18)
First degree murder
Death or life without paroleIf under 18, the offender must be sentenced to a term of not less than 40 years and up to life although with a review after 25 years from the Florida Commission on Offender Review
· By states › Georgia
Involuntary manslaughter
Involuntary manslaughter
Offense
Involuntary manslaughter
Mandatory Sentencing
1–10 years (felony) or up to 1 year (misdemeanor)
Voluntary manslaughter
Voluntary manslaughter
Offense
Voluntary manslaughter
Mandatory Sentencing
1–20 years
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
10–30 years
Murder
Murder
Offense
Murder
Mandatory Sentencing
Death, life without parole, or life (minimum of 30 years)
Offense
Mandatory Sentencing
Involuntary manslaughter
1–10 years (felony) or up to 1 year (misdemeanor)
Voluntary manslaughter
1–20 years
Second degree murder
10–30 years
Murder
Death, life without parole, or life (minimum of 30 years)
· By states › Hawaii
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life imprisonment with the possibility of parole. There is enhanced sentencing for repeat offenders (HRS 706-606.5).
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life imprisonment without the possibility of parole, with possible commuting of sentence by the governor to life imprisonment with parole at the end of twenty years of imprisonment.(For juveniles, they are eligible for parole) (HRS §706-656)There is enhanced sentencing for repeat offenders. (HRS 706-606.5)
Offense
Mandatory Sentencing
Second degree murder
Life imprisonment with the possibility of parole. There is enhanced sentencing for repeat offenders (HRS 706-606.5).
First degree murder
Life imprisonment without the possibility of parole, with possible commuting of sentence by the governor to life imprisonment with parole at the end of twenty years of imprisonment.(For juveniles, they are eligible for parole) (HRS §706-656)There is enhanced sentencing for repeat offenders. (HRS 706-606.5)
· By states › Idaho
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Minimum of 10 years and maximum of life without parole
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances), life without parole, or life (minimum of at least 10 years)
Offense
Mandatory Sentencing
Second degree murder
Minimum of 10 years and maximum of life without parole
First degree murder
Death (aggravating circumstances), life without parole, or life (minimum of at least 10 years)
· By states › Illinois
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
4–20 years (up to 4 years are probational) Certain factors increase the maximum to 30 years (up to 4 years are probational)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
20–60 years (eligible for parole if the defendant was under 21), 45 years to life (if firearm used), up to life without parole under certain aggravating circumstances (eligible for parole after 40 years if the defendant was under 21)
Offense
Mandatory Sentencing
Second degree murder
4–20 years (up to 4 years are probational) Certain factors increase the maximum to 30 years (up to 4 years are probational)
First degree murder
20–60 years (eligible for parole if the defendant was under 21), 45 years to life (if firearm used), up to life without parole under certain aggravating circumstances (eligible for parole after 40 years if the defendant was under 21)
· By states › Indiana
Murder
Murder
Offense
Murder
Mandatory Sentencing
45–65 years
Murder with aggravating circumstances
Murder with aggravating circumstances
Offense
Murder with aggravating circumstances
Mandatory Sentencing
Death or life without parole (defendant under 16 cannot be sentenced to life without parole)
Offense
Mandatory Sentencing
Murder
45–65 years
Murder with aggravating circumstances
Death or life without parole (defendant under 16 cannot be sentenced to life without parole)
· By states › Iowa
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
50 years with parole eligibility after 35 years (no minimum for parole eligibility if the defendant was a juvenile)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole or life (minimum term can be determined by judge; only an option if the defendant was a juvenile)
Offense
Mandatory Sentencing
Second degree murder
50 years with parole eligibility after 35 years (no minimum for parole eligibility if the defendant was a juvenile)
First degree murder
Life without parole or life (minimum term can be determined by judge; only an option if the defendant was a juvenile)
· By states › Kansas
Second degree murder (unintentional)
Second degree murder (unintentional)
Offense
Second degree murder (unintentional)
Mandatory Sentencing
9–41 years
Second degree murder (intentional)
Second degree murder (intentional)
Offense
Second degree murder (intentional)
Mandatory Sentencing
12.5–54 years
Felony first degree murder
Felony first degree murder
Offense
Felony first degree murder
Mandatory Sentencing
Life (minimum of 25 years)
Premeditated first degree murder
Premeditated first degree murder
Offense
Premeditated first degree murder
Mandatory Sentencing
Life (minimum of 50 years; 25 years if the judge finds compelling reasons warranting a more lenient sentence)
Capital murder
Capital murder
Offense
Capital murder
Mandatory Sentencing
Death, life without parole, or life with a minimum of 25/50 years (only an option if the defendant is a juvenile)
Offense
Mandatory Sentencing
Second degree murder (unintentional)
9–41 years
Second degree murder (intentional)
years
Felony first degree murder
Life (minimum of 25 years)
Premeditated first degree murder
Life (minimum of 50 years; 25 years if the judge finds compelling reasons warranting a more lenient sentence)
Capital murder
Death, life without parole, or life with a minimum of 25/50 years (only an option if the defendant is a juvenile)
· By states › Kentucky
Reckless homicide
Reckless homicide
Offense
Reckless homicide
Mandatory Sentencing
1–5 years
Second degree manslaughter
Second degree manslaughter
Offense
Second degree manslaughter
Mandatory Sentencing
5–10 years
First degree manslaughter
First degree manslaughter
Offense
First degree manslaughter
Mandatory Sentencing
10–20 years
Murder (no aggravating circumstances)
Murder (no aggravating circumstances)
Offense
Murder (no aggravating circumstances)
Mandatory Sentencing
Life (minimum of 20 years) or 20–50 years
Murder (aggravating circumstances)
Murder (aggravating circumstances)
Offense
Murder (aggravating circumstances)
Mandatory Sentencing
Death, life without parole, or life without parole for 25 years
Offense
Mandatory Sentencing
Reckless homicide
1–5 years
Second degree manslaughter
5–10 years
First degree manslaughter
10–20 years
Murder (no aggravating circumstances)
Life (minimum of 20 years) or 20–50 years
Murder (aggravating circumstances)
Death, life without parole, or life without parole for 25 years
· By states › Louisiana
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory Sentencing
Maximum of 40 years in prison (minimum of 10 years if the victim was a child under 10; eligible for parole after 25 years if the defendant was a juvenile)
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life without parole (eligible for parole after 25 years if the defendant was a juvenile)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death, life without parole, or life (minimum of 25 years; only an option if the defendant was a juvenile)
Offense
Mandatory Sentencing
Manslaughter
Maximum of 40 years in prison (minimum of 10 years if the victim was a child under 10; eligible for parole after 25 years if the defendant was a juvenile)
Second degree murder
Life without parole (eligible for parole after 25 years if the defendant was a juvenile)
First degree murder
Death, life without parole, or life (minimum of 25 years; only an option if the defendant was a juvenile)
· By states › Maine
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory Sentencing
Maximum of 30 years in prison
Felony murder
Felony murder
Offense
Felony murder
Murder
Murder
Offense
Murder
Mandatory Sentencing
Minimum of 25 years and maximum of life without parole
Offense
Mandatory Sentencing
Manslaughter
Maximum of 30 years in prison
Felony murder
Murder
Minimum of 25 years and maximum of life without parole
· By states › Maryland
Involuntary manslaughter
Involuntary manslaughter
Offense
Involuntary manslaughter
Mandatory Sentencing
Maximum of 10 years in prison
Voluntary manslaughter
Voluntary manslaughter
Offense
Voluntary manslaughter
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Maximum of 40 years in prison
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole or life (minimum of 20 years; the judge can suspend part of the sentence)
Offense
Mandatory Sentencing
Involuntary manslaughter
Maximum of 10 years in prison
Voluntary manslaughter
Second degree murder
Maximum of 40 years in prison
First degree murder
Life without parole or life (minimum of 20 years; the judge can suspend part of the sentence)
· By states › Massachusetts
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life (minimum of 15–25 years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole or life (minimum of 20-30 years; only an option of the defendant was under 21)
Offense
Mandatory Sentencing
Second degree murder
Life (minimum of 15–25 years)
First degree murder
Life without parole or life (minimum of 20-30 years; only an option of the defendant was under 21)
· By states › Michigan
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Any term of years or life (minimum of 15 years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole or any terms of years (only an option if the defendant was under 21)
Offense
Mandatory Sentencing
Second degree murder
Any term of years or life (minimum of 15 years)
First degree murder
Life without parole or any terms of years (only an option if the defendant was under 21)
· By states › Minnesota
Second degree manslaughter
Second degree manslaughter
Offense
Second degree manslaughter
Mandatory Sentencing
Maximum of 10 years in prison (5 years for clean record)
First degree manslaughter
First degree manslaughter
Offense
First degree manslaughter
Mandatory Sentencing
Maximum of 15 years in prison (7–10 years for clean records)
Third degree murder
Third degree murder
Offense
Third degree murder
Mandatory Sentencing
Maximum of 25 years in prison (12.5 years for clean record)
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Maximum of 40 years in prison (if a person had a clean record, 12.5 years but if intentional, 25.5 years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life (minimum of 30 years; 15 years if the defendant was a juvenile)
First degree murder if the murder was premeditated or involved rape, kidnapping, or terrorism, if the victim was a law enforcement or prison officer, or if the defendant has one or more previous convictions for a "heinous crime"
First degree murder if the murder was premeditated or involved rape, kidnapping, or terrorism, if the victim was a law enforcement or prison officer, or if the defendant has one or more previous convictions for a "heinous crime"
Offense
First degree murder if the murder was premeditated or involved rape, kidnapping, or terrorism, if the victim was a law enforcement or prison officer, or if the defendant has one or more previous convictions for a "heinous crime"
Mandatory Sentencing
Life without parole (eligible for parole after 15 years if the defendant was a juvenile)
Offense
Mandatory Sentencing
Second degree manslaughter
Maximum of 10 years in prison (5 years for clean record)
First degree manslaughter
Maximum of 15 years in prison (7–10 years for clean records)
Third degree murder
Maximum of 25 years in prison (12.5 years for clean record)
Second degree murder
Maximum of 40 years in prison (if a person had a clean record, 12.5 years but if intentional, 25.5 years)
First degree murder
Life (minimum of 30 years; 15 years if the defendant was a juvenile)
First degree murder if the murder was premeditated or involved rape, kidnapping, or terrorism, if the victim was a law enforcement or prison officer, or if the defendant has one or more previous convictions for a "heinous crime"
Life without parole (eligible for parole after 15 years if the defendant was a juvenile)
· By states › Mississippi
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory
Maximum of 20 years in prison
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory
Life (eligible for conditional release at age 65 and having served at least 15 years) or 20–40 years
First degree murder if the defendant was a juvenile
First degree murder if the defendant was a juvenile
Offense
First degree murder if the defendant was a juvenile
Mandatory
On or after July 1, 2024: Life (eligible for conditional release at age 65) or 20–40 years Before July 1, 2024: Any legal punishment (other than death) as directed by the court
First degree murder
First degree murder
Offense
First degree murder
Mandatory
Life (eligible for conditional release at age 65 and having served at least 15 years)
Capital murder if the defendant was a juvenile
Capital murder if the defendant was a juvenile
Offense
Capital murder if the defendant was a juvenile
Mandatory
On or after July 1, 2024: Life without parole, life (eligible for conditional release at age 65 and having served at least 15 years), or 25–50 years Before July 1, 2024: Any legal punishment (other than death) as directed by the court
Capital murder
Capital murder
Offense
Capital murder
Mandatory
Death, life without parole, or life (eligible for conditional release at age 65 and having served at least 15 years)
Offense
Mandatory
Manslaughter
Maximum of 20 years in prison
Second degree murder
Life (eligible for conditional release at age 65 and having served at least 15 years) or 20–40 years
First degree murder if the defendant was a juvenile
On or after July 1, 2024: Life (eligible for conditional release at age 65) or 20–40 years Before July 1, 2024: Any legal punishment (other than death) as directed by the court
First degree murder
Life (eligible for conditional release at age 65 and having served at least 15 years)
Capital murder if the defendant was a juvenile
On or after July 1, 2024: Life without parole, life (eligible for conditional release at age 65 and having served at least 15 years), or 25–50 years Before July 1, 2024: Any legal punishment (other than death) as directed by the court
Capital murder
Death, life without parole, or life (eligible for conditional release at age 65 and having served at least 15 years)
· By states › Missouri
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life (minimum of 25.5 years) or 10–30 years
First degree murder if the defendant was a juvenile
First degree murder if the defendant was a juvenile
Offense
First degree murder if the defendant was a juvenile
Mandatory Sentencing
Life without parole (only an option if aggravating circumstances are present), life (minimum of 25 years), or 30–40 years
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances) or life without parole.
Offense
Mandatory Sentencing
Second degree murder
Life (minimum of 25.5 years) or 10–30 years
First degree murder if the defendant was a juvenile
Life without parole (only an option if aggravating circumstances are present), life (minimum of 25 years), or 30–40 years
First degree murder
Death (aggravating circumstances) or life without parole.
· By states › Montana
Negligent homicide
Negligent homicide
Offense
Negligent homicide
Mandatory Sentencing
Maximum of 20 years in prison
Mitigated deliberate homicide
Mitigated deliberate homicide
Offense
Mitigated deliberate homicide
Mandatory Sentencing
2–40 years
Deliberate homicide
Deliberate homicide
Offense
Deliberate homicide
Mandatory Sentencing
Death (aggravating circumstances), life without parole, life (minimum of 30 years), or 10–100 years
Offense
Mandatory Sentencing
Negligent homicide
Maximum of 20 years in prison
Mitigated deliberate homicide
2–40 years
Deliberate homicide
Death (aggravating circumstances), life without parole, life (minimum of 30 years), or 10–100 years
· By states › Nebraska
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Minimum of 20 years and maximum of life without parole (eligible for parole if the defendant was under 18)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances), life without parole (reviewed by Nebraska state parole board), or 40 years to life (only an option if the defendant was under 18; sentence can be halved for good behavior)
Offense
Mandatory Sentencing
Second degree murder
Minimum of 20 years and maximum of life without parole (eligible for parole if the defendant was under 18)
First degree murder
Death (aggravating circumstances), life without parole (reviewed by Nebraska state parole board), or 40 years to life (only an option if the defendant was under 18; sentence can be halved for good behavior)
· By states › Nevada
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life (minimum of 10 years) or 25 years with parole eligibility after 10 years
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances), life without parole, life (minimum of 20 years), or 50 years with parole eligibility after 20 years(Juveniles cannot be sentenced to life without parole even there was more than one death, in which case the same guidelines apply.)
Offense
Mandatory Sentencing
Second degree murder
Life (minimum of 10 years) or 25 years with parole eligibility after 10 years
First degree murder
Death (aggravating circumstances), life without parole, life (minimum of 20 years), or 50 years with parole eligibility after 20 years(Juveniles cannot be sentenced to life without parole even there was more than one death, in which case the same guidelines apply.)
· By states › New Hampshire
Negligent Homicide
Negligent Homicide
Offense
Negligent Homicide
Mandatory Sentencing
Imprisonment for a term of not less than 3 1/2 years and not more than 7 years
Causing or Aiding Suicide
Causing or Aiding Suicide
Offense
Causing or Aiding Suicide
Mandatory Sentencing
For causing a suicide or suicide attempt, imprisonment for a term of up to seven years in prison.For aiding or assisting in a suicide or suicide attempt without causing the suicide or attempt, up to one year in jail.
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory Sentencing
Imprisonment for a term of not more than 30 years
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life with parole or any number of years
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole or life with parole (only an option if the defendant was under 18)
Capital murder
Capital murder
Offense
Capital murder
Mandatory Sentencing
Life without parole (juvenile cannot be charged with capital murder)
Offense
Mandatory Sentencing
Negligent Homicide
Imprisonment for a term of not less than 3 1/2 years and not more than 7 years
Causing or Aiding Suicide
For causing a suicide or suicide attempt, imprisonment for a term of up to seven years in prison.For aiding or assisting in a suicide or suicide attempt without causing the suicide or attempt, up to one year in jail.
Manslaughter
Imprisonment for a term of not more than 30 years
Second degree murder
Life with parole or any number of years
First degree murder
Life without parole or life with parole (only an option if the defendant was under 18)
Capital murder
Life without parole (juvenile cannot be charged with capital murder)
· By states › New Jersey
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Minimum of 15 years and maximum of life in prison
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Minimum of 30 years and maximum of life in prison (minimum of 63 years; 20 years if the defendant was a juvenile)
First degree murder (with aggravating circumstances)
First degree murder (with aggravating circumstances)
Offense
First degree murder (with aggravating circumstances)
Mandatory Sentencing
Life without parole (eligible for parole after 20 years if the defendant was a juvenile)
Offense
Mandatory Sentencing
Second degree murder
Minimum of 15 years and maximum of life in prison
First degree murder
Minimum of 30 years and maximum of life in prison (minimum of 63 years; 20 years if the defendant was a juvenile)
First degree murder (with aggravating circumstances)
Life without parole (eligible for parole after 20 years if the defendant was a juvenile)
· By states › New Mexico
Involuntary manslaughter
Involuntary manslaughter
Offense
Involuntary manslaughter
Mandatory Sentencing
Maximum of 4 years in prison
Voluntary manslaughter
Voluntary manslaughter
Offense
Voluntary manslaughter
Mandatory Sentencing
Maximum of 6 years in prison
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Maximum of 18 years in prison
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life (minimum of 30 years; 20 years if the defendant was a juvenile, 25 years for multiple first degree murder convictions)
First degree murder with aggravating circumstances
First degree murder with aggravating circumstances
Offense
First degree murder with aggravating circumstances
Mandatory Sentencing
Life without parole (eligible for parole after 20 years if the defendant was a juvenile, 25 years for multiple first degree murder convictions)
Offense
Mandatory Sentencing
Involuntary manslaughter
Maximum of 4 years in prison
Voluntary manslaughter
Maximum of 6 years in prison
Second degree murder
Maximum of 18 years in prison
First degree murder
Life (minimum of 30 years; 20 years if the defendant was a juvenile, 25 years for multiple first degree murder convictions)
First degree murder with aggravating circumstances
Life without parole (eligible for parole after 20 years if the defendant was a juvenile, 25 years for multiple first degree murder convictions)
· By states › New York
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life (minimum of 15–25 years; life without parole if victim was under 14 and crime was sexually motivated)
First degree murder (juveniles cannot be charged with first degree murder)
First degree murder (juveniles cannot be charged with first degree murder)
Offense
First degree murder (juveniles cannot be charged with first degree murder)
Mandatory Sentencing
Life without parole or life (minimum of 20–25 years)
Aggravated murder (juveniles cannot be charged with aggravated murder)
Aggravated murder (juveniles cannot be charged with aggravated murder)
Offense
Aggravated murder (juveniles cannot be charged with aggravated murder)
Mandatory Sentencing
Life without parole
Offense
Mandatory Sentencing
Second degree murder
Life (minimum of 15–25 years; life without parole if victim was under 14 and crime was sexually motivated)
First degree murder (juveniles cannot be charged with first degree murder)
Life without parole or life (minimum of 20–25 years)
Aggravated murder (juveniles cannot be charged with aggravated murder)
Life without parole
· By states › North Carolina
Involuntary manslaughter
Involuntary manslaughter
Offense
Involuntary manslaughter
Mandatory Sentencing
Maximum of 59 months (sentence without criminal record is 10 to 20 months)
Voluntary manslaughter
Voluntary manslaughter
Offense
Voluntary manslaughter
Mandatory Sentencing
Maximum of 204 months (sentence without criminal record is 38 to 80 months)
Second degree murder (inherently dangerous act or by unlawful distribution of certain illicit substances)
Second degree murder (inherently dangerous act or by unlawful distribution of certain illicit substances)
Offense
Second degree murder (inherently dangerous act or by unlawful distribution of certain illicit substances)
Mandatory Sentencing
Maximum of 484 months (sentence without criminal record is 94 to 196 months)
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Maximum of life without parole (sentence without criminal record is 144 to 300 months)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances), life without parole, or life (minimum of 25 years; only an option if the defendant was a juvenile)
Offense
Mandatory Sentencing
Involuntary manslaughter
Maximum of 59 months (sentence without criminal record is 10 to 20 months)
Voluntary manslaughter
Maximum of 204 months (sentence without criminal record is 38 to 80 months)
Second degree murder (inherently dangerous act or by unlawful distribution of certain illicit substances)
Maximum of 484 months (sentence without criminal record is 94 to 196 months)
Second degree murder
Maximum of life without parole (sentence without criminal record is 144 to 300 months)
First degree murder
Death (aggravating circumstances), life without parole, or life (minimum of 25 years; only an option if the defendant was a juvenile)
· By states › North Dakota
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory Sentencing
Maximum of 10 years in prison
Murder committed under "extreme emotional disturbance"
Murder committed under "extreme emotional disturbance"
Offense
Murder committed under "extreme emotional disturbance"
Mandatory Sentencing
Maximum of 20 years in prison
Murder
Murder
Offense
Murder
Mandatory Sentencing
Life without parole, life (minimum of 30 years), or any number of years (juveniles cannot be sentenced to life without parole)
Offense
Mandatory Sentencing
Manslaughter
Maximum of 10 years in prison
Murder committed under "extreme emotional disturbance"
Maximum of 20 years in prison
Murder
Life without parole, life (minimum of 30 years), or any number of years (juveniles cannot be sentenced to life without parole)
· By states › Ohio
Offense
Offense
Parole Eligibility for Defendants Under 18 (SB 256)
Offense
Parole Eligibility for Defendants Under 18 (SB 256)
Maximum Parole Eligibility
One or more homicide offenses
One or more homicide offenses
Parole Eligibility for Defendants Under 18 (SB 256)
One or more homicide offenses
Parole Eligibility for Defendants Under 18 (SB 256)
25 years
Two or more homicide offenses if the defendant was the principal offender for at least two of them
Two or more homicide offenses if the defendant was the principal offender for at least two of them
Parole Eligibility for Defendants Under 18 (SB 256)
Two or more homicide offenses if the defendant was the principal offender for at least two of them
Parole Eligibility for Defendants Under 18 (SB 256)
30 years
Aggravated homicide (considered the purposeful killing of three or more people when the defendant is the principal offender in each offense), or murder (second-degree murder) or aggravated murder (first-degree murder) involving terrorism
Aggravated homicide (considered the purposeful killing of three or more people when the defendant is the principal offender in each offense), or murder (second-degree murder) or aggravated murder (first-degree murder) involving terrorism
Parole Eligibility for Defendants Under 18 (SB 256)
Aggravated homicide (considered the purposeful killing of three or more people when the defendant is the principal offender in each offense), or murder (second-degree murder) or aggravated murder (first-degree murder) involving terrorism
Parole Eligibility for Defendants Under 18 (SB 256)
No maximum
Parole Eligibility for Defendants Under 18 (SB 256)
Offense
Maximum Parole Eligibility
One or more homicide offenses
25 years
Two or more homicide offenses if the defendant was the principal offender for at least two of them
30 years
Aggravated homicide (considered the purposeful killing of three or more people when the defendant is the principal offender in each offense), or murder (second-degree murder) or aggravated murder (first-degree murder) involving terrorism
No maximum
· By states › Ohio
Involuntary manslaughter
Involuntary manslaughter
Offense
Involuntary manslaughter
Mandatory Sentencing
4.5–16.5 years (if underlying offense is a felony)9 months to 3 years (if underlying offense is a misdemeanor)
Voluntary manslaughter
Voluntary manslaughter
Offense
Voluntary manslaughter
Mandatory Sentencing
4.5–16.5 years
Murder
Murder
Offense
Murder
Mandatory Sentencing
Life with parole eligibility after 15 years (30 years if victim under 13 years old and committed with a sexual motivation; life without parole if committed with a sexual motivation and the defendant has a sexually violent predator specification, or involving terrorism)
Aggravated murder
Aggravated murder
Offense
Aggravated murder
Mandatory Sentencing
Life without parole or life with parole eligibility after 20, 25, or 30 years
Aggravated murder with capital specifications
Aggravated murder with capital specifications
Offense
Aggravated murder with capital specifications
Mandatory Sentencing
Death, life without parole or life with parole eligibility after 25 or 30 years (if victim was under 13 years old and the murder was committed with a sexual motivation, the minimum sentence is life with parole eligibility after 30 years; if committed with a sexual motivation and the defendant has a sexually violent predator specification, or involving terrorism, the minimum sentence is life without parole)
Offense
Mandatory Sentencing
Involuntary manslaughter
years (if underlying offense is a felony)9 months to 3 years (if underlying offense is a misdemeanor)
Voluntary manslaughter
years
Murder
Life with parole eligibility after 15 years (30 years if victim under 13 years old and committed with a sexual motivation; life without parole if committed with a sexual motivation and the defendant has a sexually violent predator specification, or involving terrorism)
Aggravated murder
Life without parole or life with parole eligibility after 20, 25, or 30 years
Aggravated murder with capital specifications
Death, life without parole or life with parole eligibility after 25 or 30 years (if victim was under 13 years old and the murder was committed with a sexual motivation, the minimum sentence is life with parole eligibility after 30 years; if committed with a sexual motivation and the defendant has a sexually violent predator specification, or involving terrorism, the minimum sentence is life without parole)
· By states › Oklahoma
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Minimum of 10 years and maximum of life (minimum of 38 years; portion of sentence can be suspended at judge's discretion)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances), life without parole, or life (minimum of 38 years; portion of sentence can be suspended at judge's discretion)
Offense
Mandatory Sentencing
Second degree murder
Minimum of 10 years and maximum of life (minimum of 38 years; portion of sentence can be suspended at judge's discretion)
First degree murder
Death (aggravating circumstances), life without parole, or life (minimum of 38 years; portion of sentence can be suspended at judge's discretion)
· By states › Oregon
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life (minimum of 25 years; 15 years if the defendant was a juvenile)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole or life (minimum of 30 years for adults, 15 years if the defendant was under 18 and only an option)
Aggravated murder
Aggravated murder
Offense
Aggravated murder
Mandatory Sentencing
Death, life without parole, or life (minimum of 30 years for adults, 15 years if the defendant was under 18 and only an option)
Offense
Mandatory Sentencing
Second degree murder
Life (minimum of 25 years; 15 years if the defendant was a juvenile)
First degree murder
Life without parole or life (minimum of 30 years for adults, 15 years if the defendant was under 18 and only an option)
Aggravated murder
Death, life without parole, or life (minimum of 30 years for adults, 15 years if the defendant was under 18 and only an option)
· By states › Pennsylvania
Third degree murder
Third degree murder
Offense
Third degree murder
Mandatory sentence
Maximum of 40 years in prison (parole eligibility cannot exceed more than half the maximum sentence)
Second degree murder if the defendant was under 15
Second degree murder if the defendant was under 15
Offense
Second degree murder if the defendant was under 15
Mandatory sentence
Life (minimum of at least 20 years)
Second degree murder if the defendant was 15-17
Second degree murder if the defendant was 15-17
Offense
Second degree murder if the defendant was 15-17
Mandatory sentence
Life (minimum of at least 30 years)
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory sentence
Life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons)
First degree murder if the defendant was under 15
First degree murder if the defendant was under 15
Offense
First degree murder if the defendant was under 15
Mandatory sentence
Life (minimum of at least 25 years)
First degree murder if the defendant was under 15-17
First degree murder if the defendant was under 15-17
Offense
First degree murder if the defendant was under 15-17
Mandatory sentence
Life (minimum of at least 35 years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory sentence
Death (aggravating circumstances) or life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons)
Offense
Mandatory sentence
Third degree murder
Maximum of 40 years in prison (parole eligibility cannot exceed more than half the maximum sentence)
Second degree murder if the defendant was under 15
Life (minimum of at least 20 years)
Second degree murder if the defendant was 15-17
Life (minimum of at least 30 years)
Second degree murder
Life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons)
First degree murder if the defendant was under 15
Life (minimum of at least 25 years)
First degree murder if the defendant was under 15-17
Life (minimum of at least 35 years)
First degree murder
Death (aggravating circumstances) or life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons)
· By states › Rhode Island
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory sentence
Minimum of 10 years (eligible for parole after serving half the sentence) and maximum of life (minimum of 25 years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory sentence
Life without parole or life (minimum of 25 years)
Offense
Mandatory sentence
Second degree murder
Minimum of 10 years (eligible for parole after serving half the sentence) and maximum of life (minimum of 25 years)
First degree murder
Life without parole or life (minimum of 25 years)
· By states › South Carolina
Involuntary manslaughter
Involuntary manslaughter
Offense
Involuntary manslaughter
Mandatory Sentencing
Maximum of 5 years in prison
Voluntary manslaughter
Voluntary manslaughter
Offense
Voluntary manslaughter
Mandatory Sentencing
2–30 years
Murder
Murder
Offense
Murder
Mandatory Sentencing
Death (aggravating circumstances), life without parole, or no less than 30 years
Offense
Mandatory Sentencing
Involuntary manslaughter
Maximum of 5 years in prison
Voluntary manslaughter
2–30 years
Murder
Death (aggravating circumstances), life without parole, or no less than 30 years
· By states › South Dakota
First degree manslaughter
First degree manslaughter
Offense
First degree manslaughter
Mandatory Sentencing
Any term of years or life without parole (juveniles cannot be sentenced to life without parole)
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Life without parole (if the defendant was a juvenile, they are sentenced to any number of years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances) or life without parole (if the defendant was a juvenile, they are sentenced to any number of years)
Offense
Mandatory Sentencing
First degree manslaughter
Any term of years or life without parole (juveniles cannot be sentenced to life without parole)
Second degree murder
Life without parole (if the defendant was a juvenile, they are sentenced to any number of years)
First degree murder
Death (aggravating circumstances) or life without parole (if the defendant was a juvenile, they are sentenced to any number of years)
· By states › Tennessee
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
15–25 years (Range I offender), 25–40 years, (Range II offender), 40–60 years (Range III offender)
First degree murder (no aggravating circumstances)
First degree murder (no aggravating circumstances)
Offense
First degree murder (no aggravating circumstances)
Mandatory Sentencing
Life (minimum of 51 years; 25 years if the defendant was a juvenile)
First degree murder (aggravating circumstances)
First degree murder (aggravating circumstances)
Offense
First degree murder (aggravating circumstances)
Mandatory Sentencing
Death, life without parole, or life (minimum of 51 years; 25 years if the defendant was a juvenile)
Offense
Mandatory Sentencing
Second degree murder
15–25 years (Range I offender), 25–40 years, (Range II offender), 40–60 years (Range III offender)
First degree murder (no aggravating circumstances)
Life (minimum of 51 years; 25 years if the defendant was a juvenile)
First degree murder (aggravating circumstances)
Death, life without parole, or life (minimum of 51 years; 25 years if the defendant was a juvenile)
· By states › Texas
Murder (Second-Degree Murder)
Murder (Second-Degree Murder)
Offense
Murder (Second-Degree Murder)
Mandatory Sentencing
5–99 years (eligible for parole after half the sentence or 30 years, whichever is less) or life (minimum of 30 years)
Capital murder (First-Degree Murder)
Capital murder (First-Degree Murder)
Offense
Capital murder (First-Degree Murder)
Mandatory Sentencing
Death or life without parole (eligible for parole after 40 years if the defendant was a juvenile)
Offense
Mandatory Sentencing
Murder (Second-Degree Murder)
5–99 years (eligible for parole after half the sentence or 30 years, whichever is less) or life (minimum of 30 years)
Capital murder (First-Degree Murder)
Death or life without parole (eligible for parole after 40 years if the defendant was a juvenile)
· By states › Utah
Murder
Murder
Offense
Murder
Mandatory Sentencing(Parole eligibility determined by parole board)
Life (minimum of 15 years)
Aggravated murder
Aggravated murder
Offense
Aggravated murder
Mandatory Sentencing(Parole eligibility determined by parole board)
Death, life without parole, or life (minimum of 25 years; juveniles cannot be sentenced to life without parole)
Offense
Mandatory Sentencing(Parole eligibility determined by parole board)
Murder
Life (minimum of 15 years)
Aggravated murder
Death, life without parole, or life (minimum of 25 years; juveniles cannot be sentenced to life without parole)
· By states › Vermont
Second degree murder if mitigating factors outweigh any aggravating factors
Second degree murder if mitigating factors outweigh any aggravating factors
Offense
Second degree murder if mitigating factors outweigh any aggravating factors
Mandatory Sentencing Jju
Life (minimum of 10–20 years)
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing Jju
Life (minimum of 20 years)
Second degree murder if aggravating factors outweigh any mitigating factors
Second degree murder if aggravating factors outweigh any mitigating factors
Offense
Second degree murder if aggravating factors outweigh any mitigating factors
Mandatory Sentencing Jju
Life without parole (juveniles cannot be sentenced to life without parole) or life (minimum of at least 20 years)
First degree murder if mitigating factors outweigh any aggravating factors
First degree murder if mitigating factors outweigh any aggravating factors
Offense
First degree murder if mitigating factors outweigh any aggravating factors
Mandatory Sentencing Jju
Life (minimum of 15–35 years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing Jju
Life (minimum of 35 years)
First degree murder if aggravating factors outweigh any mitigating factors
First degree murder if aggravating factors outweigh any mitigating factors
Offense
First degree murder if aggravating factors outweigh any mitigating factors
Mandatory Sentencing Jju
Life without parole (juveniles cannot be sentenced to life without parole) or life (minimum of at least 35 years)
Aggravated murder
Aggravated murder
Offense
Aggravated murder
Mandatory Sentencing Jju
Life without parole (juveniles cannot be sentenced to life without parole)
Offense
Mandatory Sentencing Jju
Second degree murder if mitigating factors outweigh any aggravating factors
Life (minimum of 10–20 years)
Second degree murder
Life (minimum of 20 years)
Second degree murder if aggravating factors outweigh any mitigating factors
Life without parole (juveniles cannot be sentenced to life without parole) or life (minimum of at least 20 years)
First degree murder if mitigating factors outweigh any aggravating factors
Life (minimum of 15–35 years)
First degree murder
Life (minimum of 35 years)
First degree murder if aggravating factors outweigh any mitigating factors
Life without parole (juveniles cannot be sentenced to life without parole) or life (minimum of at least 35 years)
Aggravated murder
Life without parole (juveniles cannot be sentenced to life without parole)
· By states › Virginia
Involuntary manslaughter
Involuntary manslaughter
Offense
Involuntary manslaughter
Mandatory Sentencing
1–10 years
Volnutary manslaughter
Volnutary manslaughter
Offense
Volnutary manslaughter
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
5–40 years
Felony murder
Felony murder
Offense
Felony murder
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Minimum of 20 years and maximum of life in prison (prisoners are eligible for geriatric parole when they turn 60; eligible for parole after 20 years if the defendant was a juvenile)
Aggravated murder
Aggravated murder
Offense
Aggravated murder
Mandatory Sentencing
Life without parole (ineligible for geriatric parole; eligible for parole after 20 years if the defendant was a juvenile)(Judge can use discretion to suspend portion of life sentence unless the victim was a police officer)
Offense
Mandatory Sentencing
Involuntary manslaughter
1–10 years
Volnutary manslaughter
Second degree murder
5–40 years
Felony murder
First degree murder
Minimum of 20 years and maximum of life in prison (prisoners are eligible for geriatric parole when they turn 60; eligible for parole after 20 years if the defendant was a juvenile)
Aggravated murder
Life without parole (ineligible for geriatric parole; eligible for parole after 20 years if the defendant was a juvenile)(Judge can use discretion to suspend portion of life sentence unless the victim was a police officer)
· By states › Washington
Second degree murder if defendant is under 18
Second degree murder if defendant is under 18
Offense
Second degree murder if defendant is under 18
Mandatory sentence
Maximum of life with the possibility of parole after 20 years (10–18 years is standard sentence without criminal record)
Second degree murder if defendant is 18+
Second degree murder if defendant is 18+
Offense
Second degree murder if defendant is 18+
Mandatory sentence
Maximum of life without parole (10–18 years is standard sentence without criminal record)
First degree murder if defendant is under 18
First degree murder if defendant is under 18
Offense
First degree murder if defendant is under 18
Mandatory sentence
Maximum of life with the possibility of parole after 20 years (20–27 years is standard sentence without criminal record)
First degree murder if defendant is 18+
First degree murder if defendant is 18+
Offense
First degree murder if defendant is 18+
Mandatory sentence
Mandatory minimum of 20 years, maximum of life without parole (20–27 years is standard sentence without criminal record)
Aggravated first degree murder if defendant is under 18
Aggravated first degree murder if defendant is under 18
Offense
Aggravated first degree murder if defendant is under 18
Mandatory sentence
Mandatory minimum of 25 years, maximum of life with the possibility of parole after 25 years
Aggravated first degree murder if defendant is 18-20
Aggravated first degree murder if defendant is 18-20
Offense
Aggravated first degree murder if defendant is 18-20
Mandatory sentence
Mandatory minimum of 25 years, maximum of life without parole
Aggravated first degree murder
Aggravated first degree murder
Offense
Aggravated first degree murder
Mandatory sentence
Life without parole
Offense
Mandatory sentence
Second degree murder if defendant is under 18
Maximum of life with the possibility of parole after 20 years (10–18 years is standard sentence without criminal record)
Second degree murder if defendant is 18+
Maximum of life without parole (10–18 years is standard sentence without criminal record)
First degree murder if defendant is under 18
Maximum of life with the possibility of parole after 20 years (20–27 years is standard sentence without criminal record)
First degree murder if defendant is 18+
Mandatory minimum of 20 years, maximum of life without parole (20–27 years is standard sentence without criminal record)
Aggravated first degree murder if defendant is under 18
Mandatory minimum of 25 years, maximum of life with the possibility of parole after 25 years
Aggravated first degree murder if defendant is 18-20
Mandatory minimum of 25 years, maximum of life without parole
Aggravated first degree murder
Life without parole
· By states › West Virginia
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
10–40 years
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Life without parole or life (minimum of 15 years)
Offense
Mandatory Sentencing
Second degree murder
10–40 years
First degree murder
Life without parole or life (minimum of 15 years)
· By states › Wisconsin
Second degree reckless homicide
Second degree reckless homicide
Offense
Second degree reckless homicide
Mandatory Sentencing
Maximum of 15 years in prison
First degree reckless homicide
First degree reckless homicide
Offense
First degree reckless homicide
Mandatory Sentencing
15–60 years
Second degree intentional homicide
Second degree intentional homicide
Offense
Second degree intentional homicide
First degree intentional homicide
First degree intentional homicide
Offense
First degree intentional homicide
Mandatory Sentencing
Life without parole or life (minimum of no less than 20 years)
Offense
Mandatory Sentencing
Second degree reckless homicide
Maximum of 15 years in prison
First degree reckless homicide
15–60 years
Second degree intentional homicide
First degree intentional homicide
Life without parole or life (minimum of no less than 20 years)
· By states › Wyoming
Manslaughter
Manslaughter
Offense
Manslaughter
Mandatory Sentencing
Maximum of 20 years in prison
Second degree murder
Second degree murder
Offense
Second degree murder
Mandatory Sentencing
Minimum of 20 years and maximum of life (minimum set by judge; can only be parole by governor if no minimum set)
First degree murder if defendant was a juvenile
First degree murder if defendant was a juvenile
Offense
First degree murder if defendant was a juvenile
Mandatory Sentencing
Life (minimum of 25 years)
First degree murder
First degree murder
Offense
First degree murder
Mandatory Sentencing
Death (aggravating circumstances), life without parole, or life (can only be paroled by governor)
Offense
Mandatory Sentencing
Manslaughter
Maximum of 20 years in prison
Second degree murder
Minimum of 20 years and maximum of life (minimum set by judge; can only be parole by governor if no minimum set)
First degree murder if defendant was a juvenile
Life (minimum of 25 years)
First degree murder
Death (aggravating circumstances), life without parole, or life (can only be paroled by governor)

References

  1. The Los Angeles Times
    http://www.latimes.com/news/politics/la-pn-supreme-court-rules-juvenile-life-without-parole-cruel-and-unusual-20120625,0,601985.story
  2. The Atlantic
    https://www.theatlantic.com/national/archive/2012/06/if-you-think-monday-was-bad-at-the-supreme-court/258963/
  3. "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
  4. "10 USC § 918 - Art. 118. Murder | LII / Legal Information Institute"
    https://www.law.cornell.edu/uscode/text/10/918-
  5. code.dccouncil.us
    https://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).
  6. "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/
  7. Alabama Pardon and Expungements Blog
    https://www.alabamacriminalandfamilylawyerblog.com/alabamas-criminal-laws-murder-manslaughter-criminally-negligent-homicide/
  8. "Alaska Statutes: AS 12.55.125. Sentences of Imprisonment For Felonies"
    http://touchngo.com/lglcntr/akstats/Statutes/Title12/Chapter55/Section125.htm
  9. "Arizona Vehicular Crimes - Phoenix AZ Criminal Lawyers - Gillespie Law Firm"
    http://www.craiggillespie.com/vehicular-crimes.html
  10. Justia Law
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  11. leginfo.legislature.ca.gov
    https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=1.&article=
  12. Shouse Law Group
    https://www.shouselaw.com/ca/defense/laws/involuntary-manslaughter/
  13. Shouse Law Group
    https://www.shouselaw.com/ca/defense/penal-code/187/2nd-degree/
  14. Shouse Law Group
    https://www.shouselaw.com/ca/defense/penal-code/187/
  15. Board of Parole Hearings
    https://www.cdcr.ca.gov/bph/youth-offender-hearings-overview/
  16. Justia Law
    https://law.justia.com/codes/colorado/2016/title-18/article-3/part-1/section-18-3-102/
  17. "782.04(2)"
    http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0782/Sections/0782.04.html
  18. "Indiana Death Penalty Laws"
    http://www.clarkprosecutor.org/html/death/dplaw.htm
  19. "Louisiana Laws - Louisiana State Legislature"
    https://legis.la.gov/Legis/Law.aspx?d=79239
  20. "§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
  21. "Michigan Legislature - 328-1931-XLV =Legislature.mi.gov"
    http://www.legislature.mi.gov/(S(1p3pvx45r20ive2r3ydskf55))/mileg.aspx?page=getObject&objectName=mcl-328-1931-XLV
  22. www.legislature.mi.gov
    http://www.legislature.mi.gov/(S(tb2fqt3fz2xr5k2jcmwuofrn))/mileg.aspx?page=GetObject&objectname=mcl-791-234
  23. "Section 97-3-21 - Homicide; penalty for first- or second-degree murder or capital murder, Miss. Code § 97-3-21 | Casetext Search + Citator"
    https://web.archive.org/web/20220630000742/https://casetext.com/statute/mississippi-code-1972/title-97-crimes/chapter-3-crimes-against-the-person/section-97-3-21-homicide-penalty-for-first-or-second-degree-murder-or-capital-murder
  24. "New Hampshire Statutes - Table of Contents"
    http://www.gencourt.state.nh.us/RSA/html/NHTOC/NHTOC-LXII-630.htm
  25. New Hampshire General Court
    http://www.gencourt.state.nh.us/rsa/html/LXII/630/630-4.htm
  26. Franklin Pierce University
    https://web.archive.org/web/20130521040654/http://eraven.franklinpierce.edu/s/dept/judicialaffairs/PDF/stats/nhcrimelaw.pdf
  27. "ORS 163.005 - Criminal homicide"
    https://oregon.public.law/statutes/ors_163.005
  28. Justia Law
    https://law.justia.com/codes/tennessee/2010/title-40/chapter-35/part-1/40-35-112/
  29. "51 Years: The New Life Without Parole"
    https://tnsocialjustice.wordpress.com/2014/07/08/51-years-the-new-life-without-parole/
  30. "PENAL CODE CHAPTER 12. PUNISHMENTS"
    http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.12.htm#12.31
  31. "§ 2303. — Penalties for first and second degree murder :: Chapter 53 — HOMICIDE (contains §§ 2301 – 2311) :: Title 13 — Crimes and Criminal Procedure :: 2005 Vermont Code :: Vermont Code :: US Codes and Statutes :: US Law :: Justia"
    http://law.justia.com/vermont/codes/title13/section02303.html
  32. "First and second degree murder defined; punishment"
    https://law.lis.virginia.gov/vacode/18.2-32/
  33. "RCW 9.94A.510: Table 1—Sentencing grid"
    https://app.leg.wa.gov/RCW/default.aspx?cite=9.94A.510
  34. "§61-2-2. — Penalty for murder of first degree. :: CHAPTER 61. — CRIMES AND THEIR PUNISHMENT :: 2005 West Virginia Code :: West Virginia Code :: US Codes and Statutes :: US Law :: Justia"
    http://law.justia.com/westvirginia/codes/61/wvc61-2-2.html
  35. "Chapter 2 - Offenses Against The Person :: Title 6 - Crimes And Offenses :: 2010 Wyoming Statutes :: Wyoming Statutes :: US Codes and Statutes :: US Law :: Justia"
    http://law.justia.com/wyoming/codes/2010/Title6/chapter2.html
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