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 Florida, murder is classified under state statutes, specifically within the Florida Statutes Title XLVI Chapter 782.04. The law distinguishes between different degrees of murder. First-degree murder involves premeditation and is a capital felony in Florida, which means it can be punishable by the death penalty or life imprisonment without the possibility of parole. Premeditation implies that the individual had a conscious intent to kill and that the decision to kill was made after some thought, rather than impulsively. Second-degree murder in Florida is typically an intentional killing that occurs without premeditation. It is a felony of the first degree and does not involve 'malice aforethought' in the traditional sense but does require a depraved mind regardless of human life. Florida does not use the term 'voluntary manslaughter' for second-degree murder; however, the state does recognize manslaughter as a separate offense, which is a killing without lawful justification but without the intent and premeditation required for murder charges. Manslaughter can be voluntary or involuntary, with voluntary manslaughter involving an intentional act without legal justification or excuse.