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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

· 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 . 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 . 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 . 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)

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
    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 . 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
    https://law.justia.com/codes/arkansas/2010/title-5/subtitle-2/chapter-10/5-10-103/
  11. leginfo
    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 (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
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