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 Maryland, murder is classified into two degrees. First-degree murder, as defined under Maryland law, is a premeditated, deliberate, and willful killing of another person. It also includes killings committed during the commission of certain felonies, such as arson, rape, robbery, or burglary. First-degree murder is punishable by death or life imprisonment without the possibility of parole. Second-degree murder in Maryland refers to any other kind of murder that does not meet the criteria for first-degree murder. It is typically an intentional killing that is not premeditated or planned, nor committed in a cruel way. Second-degree murder carries a penalty of up to 40 years in prison. Maryland does not have a separate category for capital murder, but the state's highest court has ruled the death penalty unconstitutional, effectively abolishing it. Therefore, while the statutes may still mention the death penalty, it is not currently an enforceable punishment in Maryland.