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 North Dakota, murder is defined under the North Dakota Century Code (NDCC) Section 12.1-16-01. The state distinguishes between different degrees of murder. Murder in North Dakota is classified as a deliberate and premeditated act, aligning with the historical concept of 'malice aforethought.' North Dakota does not have the death penalty, so even the most serious murder charges do not carry the potential for a death sentence. Instead, the state imposes life imprisonment or a term of years for those convicted of murder. The distinction between first-degree and second-degree murder is not explicitly used in North Dakota's statutes. Instead, the state defines murder without such degrees, but it does consider the circumstances and the offender's intent when determining the severity of the charge and the corresponding punishment. Manslaughter, which is a separate offense, is defined under NDCC Section 12.1-16-02 and typically involves killings that occur in the heat of passion or due to negligence, without the element of premeditation that characterizes murder.