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 Hawaii, murder is defined under Hawaii Revised Statutes Section 707-701 as the intentional and unlawful killing of another person with premeditation. Hawaii does not have the death penalty, so even the most serious murders do not result in capital punishment. Instead, the state distinguishes between first-degree murder and second-degree murder. First-degree murder, which includes acts such as the intentional and premeditated killing of more than one person, the killing of a law enforcement officer, or murder committed during the perpetration of certain other felonies, is punishable by life imprisonment without the possibility of parole. Second-degree murder, which covers intentional killings that do not meet the criteria for first-degree murder, is generally punishable by life imprisonment with the possibility of parole. Hawaii does not use the term 'capital murder,' and 'manslaughter' is considered a separate offense under Section 707-702, involving the intentional killing of another person under circumstances that do not constitute murder because they involve a reduced state of mind or mitigating circumstances.