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 South Carolina, murder is defined as the unlawful killing of another person with malice aforethought, either express or implied. The concept of malice aforethought aligns with the historical definition of premeditation. South Carolina law does not categorize murder into degrees but does recognize the concept of capital murder, which can result in the death penalty or life imprisonment. Capital murder in South Carolina includes circumstances such as murder during the commission of certain felonies, murder of certain officials or peace officers, and murder of a child under the age of 11 by a person over the age of 18. The state's laws on murder can be found in the South Carolina Code of Laws, particularly in the criminal statutes. It is important to note that South Carolina does distinguish between murder and manslaughter, with manslaughter being the unlawful killing of another without malice aforethought, and it carries lesser penalties than murder.