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 Nebraska, murder is classified into different degrees with varying levels of severity and punishment. First-degree murder, as defined by Nebraska law, is the intentional and premeditated killing of another person. Premeditation, historically referred to as 'malice aforethought,' is a key element in distinguishing first-degree murder. This type of murder is punishable by death or life imprisonment without parole. Nebraska also recognizes the category of second-degree murder, which is an intentional killing that is not premeditated. This is distinct from manslaughter, which in Nebraska is further divided into voluntary and involuntary manslaughter, with voluntary manslaughter involving a killing in a sudden quarrel or in the heat of passion. The statutes governing these offenses can be found in the Nebraska Revised Statutes, specifically within the penal code. Capital murder, which carries the potential for the death penalty, is applicable in certain egregious circumstances, such as the murder of a law enforcement officer. The specific statutes and classifications provide the framework for prosecution and sentencing in cases of homicide in Nebraska.