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 Minnesota, murder is classified into different degrees, with first-degree murder being the most serious. According to Minnesota Statutes section 609.185, first-degree murder involves premeditated killing or death caused under certain other circumstances, such as during the commission of a felony. Premeditation, which historically was referred to as 'malice aforethought,' is a key element of first-degree murder. Minnesota does not have the death penalty, so a conviction of first-degree murder typically results in a life sentence without the possibility of parole. Second-degree murder, defined under Minnesota Statutes section 609.19, is an intentional killing that is not premeditated. It is also a serious offense, but it carries lesser penalties than first-degree murder. Minnesota does not use the term 'capital murder,' as it does not have capital punishment. Instead, the state's statutes differentiate between first and second-degree murder to establish the severity of the crime and the corresponding penalties.