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 North Carolina, murder is classified into two degrees as per the state's General Statutes. First-degree murder involves premeditation and deliberation, or it occurs under certain other circumstances such as during the commission of certain felonies (felony murder rule). First-degree murder is punishable by death or life imprisonment without parole, as North Carolina is a capital punishment state. Second-degree murder in North Carolina is typically an intentional killing that is not premeditated or planned, nor committed in a cruel or heinous manner. Second-degree murder does not carry the death penalty but does carry serious prison time. The distinction between first and second-degree murder is crucial in determining the severity of the punishment. The concept of 'malice aforethought' historically underpins the legal understanding of murder, and it is still relevant in distinguishing different levels of culpability in homicide cases. The statutes governing murder and its classifications can be found in the North Carolina General Statutes, specifically in the penal or criminal code sections.