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 Tennessee, murder is classified under different degrees with specific criteria for each. First-degree murder, as defined by Tennessee law, is a premeditated and intentional killing or a killing committed during the perpetration of certain felonies. It is the most serious form of homicide and is punishable by death, life without the possibility of parole, or life with the possibility of parole. Second-degree murder in Tennessee is a knowing killing of another but without the premeditation required for first-degree murder. Second-degree murder is a Class A felony, which can result in a sentence of 15 to 60 years in prison. Tennessee also recognizes the offense of voluntary manslaughter, which is the intentional or knowing killing of another in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner. Voluntary manslaughter is a Class C felony, punishable by 3 to 15 years in prison. The state does have capital murder statutes, which can involve circumstances such as killing a law enforcement officer or committing a murder for hire, and these can carry the death penalty or life imprisonment without parole.