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 Indiana, murder is defined under Indiana Code 35-42-1-1 as knowingly or intentionally killing another human being. Indiana law does not use the term 'malice aforethought,' but the concept of premeditation is embedded in the 'intentionally' aspect of the statute. Indiana does distinguish between different levels of homicide, including murder and manslaughter, but does not categorize murder into degrees like some other states. Instead, Indiana has a separate statute for voluntary manslaughter, which is a lesser offense than murder and involves the intentional killing of another person while acting under sudden heat (Indiana Code 35-42-1-3). Capital murder, referred to as murder with aggravating circumstances, is also recognized in Indiana (Indiana Code 35-50-2-9). This includes situations such as killing a law enforcement officer, committing murder for hire, or multiple murders, and can result in the death penalty or life imprisonment without parole. It's important to note that the death penalty is legal in Indiana, although its application is subject to strict legal standards and procedures.