§ 2-201. Murder in the first degree

MD Crim Law Code § 2-201 (2019) (N/A)
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(a)    A murder is in the first degree if it is:

(1)    a deliberate, premeditated, and willful killing;

(2)    committed by lying in wait;

(3)    committed by poison; or

(4)    committed in the perpetration of or an attempt to perpetrate:

(i)    arson in the first degree;

(ii)    burning a barn, stable, tobacco house, warehouse, or other outbuilding that:

1.    is not parcel to a dwelling; and

2.    contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;

(iii)    burglary in the first, second, or third degree;

(iv)    carjacking or armed carjacking;

(v)    escape in the first degree from a State correctional facility or a local correctional facility;

(vi)    kidnapping under § 3–502 or § 3–503(a)(2) of this article;

(vii)    mayhem;

(viii)    rape;

(ix)    robbery under § 3–402 or § 3–403 of this article;

(x)    sexual offense in the first or second degree;

(xi)    sodomy; or

(xii)    a violation of § 4–503 of this article concerning destructive devices.

(b)    (1)    A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:

(i)    imprisonment for life without the possibility of parole; or

(ii)    imprisonment for life.

(2)    Unless a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2–203 of this subtitle and § 2–304 of this title, the sentence shall be imprisonment for life.

(c)    A person who solicits another or conspires with another to commit murder in the first degree is guilty of murder in the first degree if the death of another occurs as a result of the solicitation or conspiracy.