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 Kentucky, murder is defined as the intentional killing of another person with premeditation. The concept of 'malice aforethought' historically underpins this definition, indicating a deliberate intention to take a life without legal justification or excuse. Kentucky law distinguishes between capital murder and other murder charges. Capital murder, which is subject to the death penalty or life imprisonment without parole, includes particularly heinous circumstances such as the murder of a police officer or firefighter while in the line of duty, or murders involving kidnapping, sexual assault, or robbery. Kentucky does not use the terms 'first degree murder' or 'second degree murder' but does recognize manslaughter as a separate offense. Manslaughter in Kentucky is divided into two degrees: first-degree manslaughter involves the intentional killing of another person without premeditation, often in the heat of passion, while second-degree manslaughter involves a death caused by a person's wanton or reckless conduct. These distinctions are codified in the Kentucky Revised Statutes, specifically in the penal code.