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 New Mexico (NM), murder is classified into different degrees, with first-degree murder being the most serious form. First-degree murder includes intentional, premeditated killing, which is planned in advance and done with 'malice aforethought.' This aligns with the historical definition of murder. New Mexico also recognizes capital murder, which can involve circumstances such as the murder of a law enforcement officer or other particularly heinous crimes. While New Mexico has the death penalty on the books, it was effectively abolished in 2009 for crimes committed after July 1, 2009, and life imprisonment without the possibility of parole became the maximum sentence. Second-degree murder in New Mexico refers to an intentional killing that was not premeditated. Manslaughter, which can be voluntary or involuntary, involves a killing without malice aforethought and is considered a less severe offense than murder. The specific statutes governing these offenses can be found in the New Mexico Statutes Annotated (NMSA), particularly within the criminal code.