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 Oregon, murder is defined as the intentional and premeditated killing of another person. The concept of 'malice aforethought' historically underpins the requirement for premeditation in murder charges. Oregon law distinguishes between different degrees of murder. There is 'Murder' which involves intentional, premeditated killing, and 'Manslaughter' which is typically an intentional killing without premeditation. Oregon does not have a separate category for 'capital murder,' but it does have 'Aggravated Murder,' which is the most serious form of homicide and may involve circumstances such as killing a law enforcement officer or committing murder-for-hire. Aggravated Murder can be punishable by death or life imprisonment without the possibility of parole. First-degree murder involves premeditation and is punishable by a maximum of life imprisonment, while second-degree murder involves intentional killing without premeditation. These offenses are codified in Oregon's penal or criminal statutes.