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 Dakota, murder is classified into different degrees. First-degree murder, as defined by South Dakota Codified Laws (SDCL), involves premeditation and is considered the most serious form of homicide. Premeditation, or 'malice aforethought,' indicates that the individual planned the killing before carrying it out. First-degree murder is punishable by death or life imprisonment without parole, according to SDCL 22-16-4. Second-degree murder, on the other hand, is an intentional killing that occurs without premeditation. While it is still a serious offense, it does not carry the possibility of the death penalty. South Dakota does not use the term 'manslaughter' to describe second-degree murder, but it does have statutes for both voluntary and involuntary manslaughter, which are considered less severe than murder and involve different elements and penalties. Capital murder, as a distinct category, is not specifically defined in South Dakota law, but the state does have the death penalty as a sentencing option for first-degree murder under certain aggravating circumstances.