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 Idaho, murder is defined under Idaho Code § 18-4001 as the unlawful killing of a human being with malice aforethought, either express or implied. The state distinguishes between different degrees of murder. First-degree murder, as per Idaho Code § 18-4003, includes premeditated killings, murders committed during the perpetration of certain felonies, and other specific circumstances. First-degree murder can be punishable by death or life imprisonment under Idaho Code § 18-4004. Second-degree murder, covered by the same statute, is any other kind of murder that doesn't meet the criteria for first-degree murder and does not include the element of premeditation. Idaho does not use the term 'capital murder,' but the state does have the death penalty for certain types of first-degree murder. Manslaughter, which is the unlawful killing without malice or premeditation, is categorized separately under Idaho Code § 18-4006 and § 18-4007 and includes both voluntary and involuntary manslaughter.