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 Pennsylvania, murder is classified into different degrees, with first-degree murder being the most serious form of homicide. First-degree murder is defined as an intentional, premeditated killing committed with malice aforethought. This means that the perpetrator planned the killing after a period of consideration, however brief. Conviction for first-degree murder can result in life imprisonment or the death penalty. Second-degree murder, also known as felony murder, occurs when a killing happens during the commission of a felony, such as robbery or rape, even if the death was unintentional. Third-degree murder encompasses all other kinds of murder that do not fall under the first or second degree. It generally involves an intentional killing without premeditation or a killing done with malice. Voluntary manslaughter, sometimes confused with second-degree murder in other states, is a separate offense in Pennsylvania and involves a killing in the heat of passion or in response to a serious provocation. The specific statutes governing murder and related offenses in Pennsylvania can be found in Title 18 of the Pennsylvania Consolidated Statutes.