List of punishments for murder in the United States

Murder, as defined in common law countries, is the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts an enormous amount of grief for individuals close to the victim, as well as the fact that the commission of a murder permanently deprives the victim of their existence, most societies have considered it a very serious crime deserving of the most harshest punishment available. Typically a convicted murder suspect is given a life sentence or even the death penalty for such an act. A person who commits murder is called a murderer, and the penalties, as outlined below, vary from state to state.

Federal

Civilian

Source:[1]

Offense Mandatory sentencing
Second degree murder Imprisonment for life or any other term

(There is no federal parole for murder, U.S. sentencing guidelines offense level 38: 19–25 years with clean record, 30–life with serious past offenses)

Second degree murder by an inmate, even escaped, serving a life sentence Life Imprisonment
First degree murder Death penalty or life imprisonment

Military

Source:[2]

Offense Mandatory sentencing
Murder under UCMJ Article 118 Clause (2) or (3) (Second Degree Murder) Any legal punishment (other than death) as directed by the court-martial
Murder under UCMJ Article 118 Clause (1) or (4) (First Degree Murder) Death penalty or life imprisonment

District of Columbia

Source:[3][4]

Offense Mandatory sentencing
Second degree murder 20–40 years (parole eligibility: one-third of sentence)
Second degree murder with aggravating circumstance Between 20 years and life (parole eligibility: one-third of sentence, or 15 years if life sentence is imposed)
First degree murder 30–60 years (parole eligibility: 30 years)
First degree murder with aggravating circumstance Between 30 years and life without parole (parole eligibility: 30 years if life without parole is not imposed)
Murder of a law enforcement officer Life without parole

By states

Alabama

Offense Mandatory sentencing
Second Degree Murder Not less than 10 years and no more than 99 years, or life
Capital Murder Death penalty or life without parole

Alaska

Source:[5]

Offense Mandatory sentencing
Second Degree Murder 10–99 years
First degree murder or Second Degree Murder of an unborn child 20–99 years
First Degree Murder with aggravating factor 99 years

Arizona

Source:[6]

Offense Mandatory sentencing
Negligent Homicide imprisonment of up to 3.75 years for a first offense
Manslaughter imprisonment up to 12.5 years in prison for a first offense
Second Degree Murder Not less than 10 years nor more than 29 years
First Degree Murder Death penalty, Life without parole, or Life with parole in 25 years

Arkansas

Offense Mandatory sentencing
Second Degree Murder 6–30 years
First Degree Murder 10–40 years or Life without parole
Capital Murder Death or Life without parole

California

Source:[7] [8]

Offense Mandatory sentencing
Second Degree Murder 15 years to life
Second Degree Murder using a firearm from a motor vehicle 20 years to life
Second Degree Murder by an offender previously convicted of murder (First or Second Degree) 15 years to life or life without parole
Second Degree Murder of a law enforcement officer 25 years to life
First Degree Murder 25 years to life
First Degree Murder constituting a hate crime or of an operator or driver Life without parole
First Degree Murder with special circumstance Death penalty or life without parole

Colorado

Offense Mandatory sentencing
Second Degree Murder 8–24 years
First Degree Murder Death penalty or life without parole

Connecticut

Offense Mandatory sentencing
Murder 25 to 60 years in prison
Murder with special circumstances Life in prison without parole

Delaware

Offense Mandatory sentencing
Second Degree Murder 25 years to Life in prison
First Degree Murder Death or Life Without Parole

Florida

Source:[9][10]

Offense Mandatory sentencing
Manslaughter Maximum of 15 years in prison; maximum of 30 years in prison if a firearm is used
Aggravated Manslaughter of a child Maximum of 30 years in prison; maximum could be enhanced to life in prison if a firearm is used
Third Degree Murder Maximum of 15 years in prison; maximum of 30 years in prison if a firearm is used plus a mandatory minimum of 25 years
Second Degree Murder Maximum of life in prison; Minimum of 25 years if a firearm is used, otherwise a minimum of 10 years under sentencing guidelines for a person with a clean record.
First Degree Murder Death penalty or life without parole

Georgia

Offense Mandatory sentencing
Assisted Suicide Five years
Involuntary Manslaughter Five years
Voluntary Manslaughter 10 years
Felony Murder 10 years
Murder Death, Life without parole, or Life with parole eligibility in 30 years

Hawaii

Offense Mandatory sentencing
Second Degree Murder Life with possibility of parole. There is enhanced sentencing for repeat offenders (HRS 706-606.5).
First Degree Murder Life imprisonment without the possibility of parole, with possible commuting of sentence by governor to life imprisonment with parole at the end of twenty years of imprisonment. (HRS §706-656) There is enhanced sentencing for repeat offenders. (HRS 706-606.5)

Idaho

Offense Mandatory Sentencing
Second Degree Murder 30 years.
First Degree Murder Death, Life without Parole, or 20 years to Life.

Illinois

Offense Mandatory sentencing
Second Degree Murder 4–20 years, 4-year probation. Extended term: 15–30 years.
First Degree Murder 20–60 years (No possibility of parole)
First Degree Murder w/ aggravating circumstances 60–100 years (No possibility of parole) or life (No possibility of parole)

Indiana

Offense Mandatory sentencing[11]
First/Second Degree Murder Between 45 and 65 years
First Degree Murder with aggravating circumstances Death penalty or life without parole

Iowa

Offense Mandatory sentencing
Second Degree Murder 50 years mandatory minimum 70% served.
First/Second Degree Murder by a Person Previously Convicted of First/Second Degree Murder Life Imprisonment Without Parole
First Degree Murder Life Imprisonment Without Parole

Kansas

Offense Mandatory sentencing
Second Degree Murder (Intentional) 12.5–54 years
Second Degree Murder (Unintentional) 9–41 years
First Degree Murder Life (parole after 25 years or 50 years in aggravating circumstances)
Capital Murder Death, Life without parole, or Life (parole after 50 years or life)

Kentucky

Offense Mandatory sentencing
Second Degree Murder 20 years
First Degree Murder Death Penalty, Life Without Parole, Life with parole eligibility in 25 years, Life with parole eligibility in 20 years, or 20 to 50 years

Louisiana

Offense Mandatory sentencing
Second Degree Murder Life imprisonment without benefit of probation, parole, or suspension of sentence (Natural life)
First Degree Murder Death or life imprisonment without benefit of probation, parole, or suspension of sentence (Natural life)

Maine

Source:[12]

Offense Mandatory sentencing
Manslaughter 15 years
Second degree murder 25 years
First Degree Murder Life without parole or not less than 25 years

Maryland

Offense Mandatory sentencing
Second Degree Murder Not more than 30 years
First Degree Murder Life without parole, or 25 years to Life

Massachusetts

Offense Mandatory sentencing
Second Degree Murder Life in prison with parole (after 15 years served)
First Degree Murder Life without parole

Michigan

Source:[13]

Offense Mandatory sentencing
Second Degree Murder 15 years to life or any number of years
First Degree Murder Life without parole

Minnesota

Offense Mandatory sentencing
Third Degree Murder Maximum of 25 years
Second Degree Murder Maximum of 40 years
First Degree Murder Life without parole or life with parole eligibility after 30 years

Mississippi

Offense Mandatory sentencing
Second Degree Murder Life (no parole for at least 10 years)
Capital murder Death, Life without parole, or Life with parole in 10 years

Missouri

Offense Mandatory sentencing
Second Degree Murder 10–30 years or Life with the possibility of parole
First Degree Murder Death or Life without parole

Montana

Offense Mandatory sentencing
Mitigated Deliberate Homicide 2–40 years
Deliberate Homicide Death, Life without parole, or 10–100 years

Nebraska

Offense Mandatory sentencing
Second Degree Murder 20 years to life
First Degree Murder Life (No parole)

Nevada

Offense

No imprisonment

Second Degree Murder 10 years to Life or 10 to 25 years
First Degree Murder Death (aggravating circumstances), Life without parole, 20 years to Life or 20 to 50 years

New Hampshire

Source:[14]

Offense Mandatory sentencing
Negligent Homicide Imprisonment for a term of not less than 7 1/2 years and not more than 15 years.
Causing or Aiding Suicide Imprisonment for a term of not less than 20 years to not more than 40 years. (If it's a misdemeanor it's 20 years imprisonment.) [15]
Manslaughter Imprisonment for a term of not more than 30 years.
Second Degree Murder Imprisonment for life or 30–40 years.
First Degree Murder Life without parole
Capital Murder Death penalty or life without parole

New Jersey

Offense Mandatory sentencing
First Degree Murder Not less than 30 years or Life (minimum 63.75 years)
First Degree Murder (with aggravating circumstances) Life without Parole

New Mexico

Offense Mandatory sentencing
Involuntary Manslaughter

Probation up to 3 years in prison.

Voluntary Manslaughter Probation up to 6 years in prison

 Second Degree Murder probation up to 15 years
First Degree Murder with no special circumstances Minimum of 30 years
First Degree Murder with special circumstances Life without parole

New York

Offense Mandatory sentencing
Second Degree Murder 15–25 years to Life
First Degree Murder 20–25 years to life, Life without Parole
Aggravated Murder Life without parole

North Carolina

Offense Mandatory sentencing
Involuntary Manslaughter 10 months to 59 months (depending on prior record level)
Manslaughter 38 months to 204 Months (depending on prior record level)
Second Degree Murder (Inherently Dangerous Act or by unlawful distribution of certain illicit substances) 94 months to 484 months (depending on prior record level)
Second Degree Murder 144 months to Life without Parole (depending on prior record level)
First Degree Murder Death or Life without Parole

North Dakota

Offense Mandatory sentencing
Second Degree Murder 20 years.
First Degree Murder Life without Parole or 30 years to Life

Ohio

Ohio differentiates between "Aggravated Murder" and "Murder." Aggravated Murder consists of purposely causing the death of another (or unlawful termination of a pregnancy) with prior calculation and design, or purposely causing the death of another under the age of 13, a law enforcement officer, or in the course of committing certain serious felony offenses. Murder consists of purposely causing the death of another, or causing the death of another as a proximate result of committing certain serious felony offenses.

Offense Mandatory sentencing
Involuntary Manslaughter 3 to 11 years (if underlying offense is a felony) 9 months to 3 years (if underlying offense is a misdemeanor)
Voluntary Manslaughter 3 to 11 years
Second Degree Murder 15 years to life
Second Degree Murder (victim under 13 years old or committed with sexual motivation) 30 years to life
Aggravated Murder Life without Parole, Life with Possibility of Parole after 20, 25, or 30 years
Aggravated Murder (with capital specification for certain aggravating factors such as special victims, murder-for-hire, multiple victims, witness as victim, committed in the course of another serious felony offense) Death, Life without Parole, Life with Possibility of Parole after 25 or 30 years

Oklahoma

Offense Mandatory sentencing
Second Degree Murder Life or not less than 10 years
First Degree Murder Death Penalty, Life without Parole, or Life with parole eligibility after 38 years

Oregon

Offense Mandatory sentencing
Second Degree Murder 25 years to Life
Aggravated Murder Death Penalty, Life without Parole, or Life with parole eligibility after 30 years

Pennsylvania

Offense Mandatory sentence
Third Degree Murder 20–40 years, 5–40 years in the case of person dying from using drugs delivered to them
Second Degree Murder Life (no parole)
First Degree Murder Death Penalty or Life (no parole)

Rhode Island

Offense Mandatory sentence
Second Degree Murder Life or no less than 10 years
First Degree Murder Life without parole or Life (parole after 15 years)

South Carolina

Offense Mandatory sentencing
Murder Death, Life without parole, 30 years to Life or 30 years in prison

South Dakota

Offense Mandatory sentencing
Second Degree Murder 20 years, 25 years or Life Without Parole
First Degree Murder Death penalty or Life without parole

Tennessee

Offense Mandatory sentencing
Second Degree Murder Imprisonment for not less than 15 years nor more than 60.
First Degree Murder Death, Life without parole, or Life with parole eligibility after 35[16] years

Texas

Offense Mandatory sentencing[17]
Murder 30 to 99 years or life (minimum 30 years)
Capital murder Death penalty, life with parole in 30 or 40 years, or life imprisonment without parole

Utah

Offense Mandatory sentencing
Second Degree Murder 15 years-life
First Degree/Aggravated murder Death penalty, life without parole, or life with parole in 25 years

Vermont

Source:[18]

Offense Mandatory sentencing
Second Degree Murder if mitigating factors outweigh any aggravating factors 10–19 years to life
Second Degree Murder 12 years to life without parole (depending on the person's record)
Second Degree Murder if aggravating factors outweigh any mitigating factors Between 20 years to life and life without parole
First Degree Murder if mitigating factors outweigh any aggravating factors 15–34 years to life
First Degree Murder 35 years to life
First Degree Murder if aggravating factors outweigh any mitigating factors Between 35 years to life and life without parole
Aggravated Murder Life without parole

Virginia

Offense Mandatory sentencing
Second Degree Murder 5–40 years[19]
Second Degree Murder of a pregnant woman 10–40 years
First Degree Murder Between 20 years and life imprisonment (parole eligibility for life sentence: 15 years, 25 years if the victim was under the age of 18)
Capital Murder Death penalty or life without parole

Washington

Offense Mandatory sentence
Second Degree Murder 10 to 18 years imprisonment
First Degree Murder 20–26 years, 8 months. At least 20 years must be served before parole eligibility. Special Circumstances may increase the number of years to an equivalent sentence of life imprisonment.
Aggravated First Degree Murder Death penalty or life without parole

West Virginia

Source:[20]

Offense Mandatory sentencing
Second Degree Murder 10–40 years
First Degree Murder Life without parole or 15 years to life

Wisconsin

Offense Mandatory sentencing
Second Degree Intentional Homicide Minimum of 15, Maximum of 60 years
First Degree Intentional Homicide Minimum of 20 years to Life, Life imprisonment without parole

Wyoming

Source:[21]

Offense Mandatory sentencing
Second Degree Murder Life without parole or not less than 20 years
First Degree Murder Death penalty or life imprisonment without parole

References

  1. ↑ "Title 18 - CRIMES AND CRIMINAL PROCEDURE :: 2010 US Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. 2011-01-07. Retrieved 2012-08-02.
  2. ↑ "10 USC § 918 - Art. 118. Murder | LII / Legal Information Institute". Law.cornell.edu. Retrieved 2012-08-02.
  3. ↑ "LexisNexis® Legal Resources". Michie.com. Retrieved 2012-08-02.
  4. ↑ "LexisNexis® Legal Resources". Michie.com. Retrieved 2012-08-02.
  5. ↑ "Alaska Statutes: AS 12.55.125. Sentences of Imprisonment For Felonies". Touchngo.com. Retrieved 2012-08-02.
  6. ↑ "Arizona Vehicular Crimes - Phoenix AZ Criminal Lawyers - Gillespie Law Firm". Craiggillespie.com. Retrieved 2012-08-02.
  7. ↑ "CA Codes (pen:187-199)". Leginfo.ca.gov. 1997-01-01. Retrieved 2012-08-02.
  8. ↑ "CA LegInfo Code Search". leginfo.legislature.ca.gov. c. 2015. Retrieved 2016-03-18.
  9. ↑ "782.04(2)". Florida legislature.
  10. ↑ Matheny, Eric. "Info on Second Degree Murder in the state of Florida". Eric Matheny Law.
  11. ↑ "Indiana Death Penalty Laws". Clarkprosecutor.org. Retrieved 2012-08-02.
  12. ↑ "§1251 — Imprisonment for murder :: Chapter 51 — SENTENCES OF IMPRISONMENT (§1251 - §1258) :: TITLE 17-A — MAINE CRIMINAL CODE :: 2005 Maine Code :: Maine Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved 2012-08-02.
  13. ↑ "Michigan Legislature - 328-1931-XLV". Legislature.mi.gov. 2010-10-31. Retrieved 2012-08-02.
  14. ↑ "New Hampshire Statutes - Table of Contents". Gencourt.state.nh.us. Retrieved 2012-08-02.
  15. ↑ "New Hampshire Felony Charges and Penalties by Class". CriminalDefenseLawyer.com. Retrieved 2012-08-02.
  16. ↑ https://tnsocialjustice.wordpress.com/2014/07/08/51-years-the-new-life-without-parole/
  17. ↑ "PENAL CODE CHAPTER 12. PUNISHMENTS". Statutes.legis.state.tx.us. Retrieved 2012-08-02.
  18. ↑ "§ 2303. — Penalties for first and second degree murder :: Chapter 53 — HOMICIDE (contains §§ 2301 – 2311) :: Title 13 — Crimes and Criminal Procedure :: 2005 Vermont Code :: Vermont Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved 2012-08-02.
  19. ↑ "First and second degree murder defined; punishment". Retrieved 1 August 2012.
  20. ↑ "§61-2-2. — Penalty for murder of first degree. :: CHAPTER 61. — CRIMES AND THEIR PUNISHMENT :: 2005 West Virginia Code :: West Virginia Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved 2012-08-02.
  21. ↑ "Chapter 2 - Offenses Against The Person :: Title 6 - Crimes And Offenses :: 2010 Wyoming Statutes :: Wyoming Statutes :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. 2010-07-01. Retrieved 2012-08-02.

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External links

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