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 Rhode Island, murder is defined under Rhode Island General Laws Section 11-23-1 as the unlawful killing of a human being with malice aforethought, either express or implied. The state differentiates between first-degree and second-degree murder. First-degree murder includes killings that are premeditated, intentional, committed during the perpetration of certain felonies, or against law enforcement officers. Second-degree murder encompasses other types of intentional killings without premeditation. Rhode Island does not have the death penalty; therefore, it does not categorize any murder as capital murder. The punishment for first-degree murder in Rhode Island is life imprisonment, while second-degree murder carries a lesser sentence, which can also include life imprisonment but may allow for parole.