Murder is the intentional, premeditated killing of another human being. The premeditation requirement for murder was historically described in the law as “malice aforethought.”

Laws regarding murder vary from state to state, and some states have a separate criminal offense of capital murder, which usually involves the most egregious circumstances, such as killing a peace officer in the line of duty or lying in wait to ambush and kill the victim. Capital murder offenses carry a potential death penalty.

And some states use the distinction of first degree murder (done with premeditation and punishable by death or life in prison) and second degree murder (generally an intentional killing without premeditation—also known as manslaughter or voluntary manslaughter in some states).

The criminal offense of murder is generally located in a state’s statutes—often in the penal or criminal code.

In New York State, murder is classified under the New York Penal Law. Murder in the first degree is defined as an intentional killing that is premeditated and deliberate, with specific circumstances such as the killing of a law enforcement officer, a witness to a crime, or multiple people, or a killing committed during the commission of another felony. This is considered the most serious form of homicide and carries severe penalties, including life imprisonment without parole. New York does not have the death penalty, as it was declared unconstitutional by the state's Court of Appeals in 2004. Second degree murder in New York includes intentional murder that does not meet the criteria for first degree murder, as well as felony murder, which is a killing that occurs during the commission of another felony. Second degree murder can result in a sentence of 25 years to life in prison. The term 'malice aforethought' is not commonly used in modern New York statutes, but the concept is embedded in the definitions and elements of the crime. Manslaughter, either first or second degree, is a separate offense in New York and refers to a killing that is intentional but without premeditation, or a killing that results from reckless conduct.