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 Alaska, murder is classified under state statutes, specifically in the Alaska Statutes Title 11. Criminal Law. Murder in the first degree (AS 11.41.100) involves the intentional and premeditated killing of another person with 'malice aforethought.' This is akin to what many states refer to as capital murder, although Alaska does not have the death penalty. Instead, a conviction for first-degree murder can result in a sentence of up to 99 years in prison. Second-degree murder (AS 11.41.110), on the other hand, is defined as an intentional killing that is not premeditated or planned, nor committed in a particularly heinous, cruel, or depraved manner. It is important to note that Alaska does not use the term 'manslaughter' to describe second-degree murder, but it does have separate statutes for manslaughter (AS 11.41.120), which typically involves a killing that occurs under circumstances that don't amount to first or second-degree murder, such as a death caused by recklessness. The distinctions between these charges are significant and can greatly affect the severity of the punishment.