Murder in United States law
Updated: 5/20/2026, 7:46:38 PM Wikipedia source
In the United States, the law for murder varies by jurisdiction. In many 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 and, in a few states, third-degree murder, which in other states is divided into voluntary manslaughter, and involuntary manslaughter such as reckless homicide and negligent homicide, which are the least 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. Sentencing varies widely depending upon the specific murder charge. "Life imprisonment" is a common penalty for first-degree murder, but its meaning varies widely. Capital punishment is a legal sentence in 27 states, and in the federal civilian and military legal systems, though eight of these states have indefinitely suspended the practice. The United States is unusual in actually performing executions, 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. In 2019 a total of 22 people were executed, and 2,652 people were on death row. The federal Unborn Victims of Violence Act, enacted in 2004 and codified at 18 U . Code § 1841, allows for a fetus to be treated as a victim in a crime. Subsection (c) of that statute specifically prohibits prosecutions related to consented abortions and medical treatments.
Tables
| Jurisdiction | 1st degree | 2nd degree | 3rd degree | Other named categories | Source |
| Federal | Yes | Yes | No | No | |
| Alabama | No | No | yes | Murder | |
| Alaska | Yes | Yes | No | No | |
| American Samoa | Yes | Yes | No | No | |
| Arizona | Yes | Yes | No | No | |
| Arkansas | Yes | Yes | No | Capital murder | |
| California | Yes | Yes | No | No | |
| Colorado | Yes | Yes | No | No | |
| Connecticut | No | No | No | Murder, Murder with special circumstances, Felony murder, Arson murder | |
| Delaware | Yes | Yes | No | No | |
| District of Columbia | Yes | Yes | No | No | |
| Florida | Yes | Yes | Yes | No | |
| Georgia | No | Yes | No | Murder, Felony murder | |
| Guam | No | No | No | Murder, Aggravated murder | |
| Hawaii | Yes | Yes | No | No | |
| Idaho | Yes | Yes | No | No | |
| Illinois | Yes | Yes | No | No | |
| Indiana | No | No | No | Murder | |
| Iowa | Yes | Yes | No | No | |
| Kansas | Yes | Yes | No | Capital murder | |
| Kentucky | No | No | No | Murder | |
| Louisiana | Yes | Yes | No | No | |
| Maine | No | No | No | Murder, Felony murder | |
| Maryland | Yes | Yes | No | No | |
| Massachusetts | Yes | Yes | No | No | |
| Michigan | Yes | Yes | No | No | |
| Minnesota | Yes | Yes | Yes | No | |
| Mississippi | Yes | Yes | No | Capital murder | |
| Missouri | Yes | Yes | No | No | |
| Montana | No | No | No | Deliberate homicide, Mitigated deliberate homicide | |
| Nebraska | Yes | Yes | No | No | |
| Nevada | Yes | Yes | No | No | |
| New Hampshire | Yes | Yes | No | Capital murder | |
| New Jersey | No | No | No | Murder | |
| New Mexico | Yes | Yes | No | No | |
| New York | Yes | Yes | No | Aggravated murder | |
| North Carolina | Yes | Yes | No | Murder of an unborn child | |
| North Dakota | No | No | No | Murder | |
| Northern Mariana Islands | Yes | Yes | No | No | |
| Ohio | No | No | No | Murder, Aggravated murder | |
| Oklahoma | Yes | Yes | No | No | |
| Oregon | Yes | Yes | No | Aggravated murder | |
| Pennsylvania | Yes | Yes | Yes | No | |
| Puerto Rico | Yes | Yes | No | No | |
| Rhode Island | Yes | Yes | No | No | |
| South Carolina | No | No | No | Murder | |
| South Dakota | Yes | Yes | No | No | |
| Tennessee | Yes | Yes | No | No | |
| Texas | No | No | No | Murder, Capital murder |
References
- AL Code § 13A-6-2.http://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-6-2.html
- AK Statutes § 11 . Murder in the first degree.http://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-41-100.html
- AK Statutes § 11 . Murder in the second degree.http://codes.findlaw.com/ak/title-11-criminal-law/ak-st-sect-11-41-110.html
- AS Code § 46 . Murder in the 1st degree.http://www.asbar.org/index.php?option=com_content&view=article&id=7320:46.3502-Murder-in-the-1st-degree.&catid=749&Itemid=172
- AS Code § 46 . Murder in the 2nd degree.http://www.asbar.org/index.php?option=com_content&view=article&id=7321:46.3503-Murder-in-the-2nd-degree.&catid=749&Itemid=172
- AZ Rev Stat § 13-1105. First-degree murder. Classification.https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/01105.htm
- AZ Rev Stat § 13-1104. Second-degree murder. Classification.https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/13/01104.htm
- AR Code § 5-10-102. Murder in the first degree.https://law.justia.com/codes/arkansas/2015/title-5/subtitle-2/chapter-10/section-5-10-102/index.html
- AR Code § 5-10-103. Murder in the second degree.https://law.justia.com/codes/arkansas/2015/title-5/subtitle-2/chapter-10/section-5-10-103/index.html
- AR Code § 5-10-103. Capital murder.https://law.justia.com/codes/arkansas/2015/title-5/subtitle-2/chapter-10/section-5-10-101/index.html
- CA Penal Code § 189.http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=189&lawCode=PEN
- CO Rev Stat § 18-3-102. Murder in the first degree.
- CO Rev Stat § 18-3-103. Murder in the second degree.
- CT Gen Stat § 53a-54a. Murder.
- CT Gen Stat § 53a-54b. Murder with special circumstances.
- CT Gen Stat § 53a-54c. Felony murder.
- CT Gen Stat § 53a-54d. Arson murder.
- DE Code § 634 Murder by abuse or neglect in the first degree; class A felony; § 636 Murder in the first degree; class A
- DE Code § 633 Murder by abuse or neglect in the second degree; class B felony; § 635 Murder in the second degree; class
- DC Code § 22–2101. Murder in the first degree — Purposeful killing; killing while perpetrating certain crimes; § 22–2102