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 Delaware, murder is classified under different degrees with specific criteria for each. First-degree murder, as defined by Delaware law, involves premeditation and is considered the most serious form of homicide. It includes situations such as the intentional killing of a law enforcement officer, murder for hire, or murder committed during the commission of certain felonies. First-degree murder can be punishable by death or life imprisonment without parole. Second-degree murder in Delaware is typically an intentional killing that does not meet the criteria for first-degree murder, lacking the specific circumstances or premeditation required for the higher charge. Second-degree murder is punishable by imprisonment, the terms of which are specified by state statutes. Delaware does not use the term 'capital murder,' but the state does have capital punishment for certain first-degree murder convictions. The distinctions between the degrees of murder and the associated penalties are detailed in Delaware's penal code.