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 Ohio, murder is defined under Ohio Revised Code Section 2903.02 as causing the death of another person purposely, and it does not require proof of premeditation. Ohio does distinguish between different degrees of murder. Aggravated murder, which is the most serious form of murder, can involve premeditation and is outlined in Section 2903.01. Aggravated murder can be punishable by death under certain circumstances, such as the murder of a peace officer or a murder committed during the commission of another serious felony. Ohio does not use the term 'capital murder,' but aggravated murder with specific aggravating circumstances can lead to capital punishment. First-degree murder is not a separate category in Ohio, but the state does recognize voluntary manslaughter, which is a killing that occurs in the heat of passion or a fit of rage, typically without premeditation, as described in Section 2903.03. This is considered a lesser offense than murder. The penalties for murder and manslaughter vary, with murder carrying a potential sentence of 15 years to life in prison, while voluntary manslaughter carries a lesser sentence.
