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 Alabama, murder is defined under Alabama Code Title 13A. Criminal Code § 13A-6-2 as the intentional killing of another person with malice aforethought, either express or implied. The state distinguishes between capital murder and non-capital murder. Capital murder includes specific aggravating circumstances, such as the murder of a law enforcement officer, murder for hire, or murders that are particularly heinous, atrocious, or cruel. Conviction for capital murder can result in the death penalty or life imprisonment without parole. Non-capital murder, which does not involve the aggravating factors required for capital murder, can still result in severe penalties, including life imprisonment. Alabama does not use the terms 'first degree murder' or 'second degree murder' but does recognize manslaughter, which is a lesser homicide offense involving the killing of another person without malice and under circumstances that do not constitute murder. Manslaughter can be voluntary, occurring in the heat of passion, or involuntary, resulting from reckless behavior.