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 Massachusetts, murder is classified into two degrees as per the Massachusetts General Laws Chapter 265, Section 1. First degree murder is defined as a killing that is premeditated, deliberate, and committed with malice aforethought, or committed with extreme atrocity or cruelty, or in the commission of certain felonies. First degree murder carries a mandatory sentence of life imprisonment without the possibility of parole. Second degree murder in Massachusetts is a murder that is not premeditated or committed with extreme atrocity or cruelty, but is still intentional and with malice. The sentence for second degree murder is life imprisonment with the possibility of parole after 15 years. Massachusetts does not have a separate category for capital murder and does not impose the death penalty, as it was abolished in 1984. The distinction between first and second degree murder is crucial in determining the severity of the punishment.