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 Georgia, murder is defined under the Official Code of Georgia Annotated (O.C.G.A.) § 16-5-1. The state distinguishes between malice murder and felony murder. Malice murder is the intentional and unlawful killing of another person with malice aforethought, which can be express or implied. Express malice is the deliberate intention to take the life of another human being, while implied malice does not require any preconceived intent but is inferred when no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart. Felony murder occurs when a death results from the commission of certain felonies, regardless of intent to kill. Georgia does not use the terms 'first degree' or 'second degree' murder, but it does have the concept of capital murder, which can lead to the death penalty or life imprisonment without parole. Capital murder typically involves aggravating circumstances such as the murder of a law enforcement officer, murder during the commission of another capital felony, or murder with other specified aggravating factors. Manslaughter in Georgia is categorized as either voluntary or involuntary, with voluntary manslaughter involving an intentional killing done in a sudden heat of passion provoked by the victim, and involuntary manslaughter involving unintentional killing resulting from either the commission of an unlawful act other than a felony or the commission of a lawful act in an unlawful manner.