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 Virginia, murder is classified into different degrees based on the level of premeditation and the circumstances surrounding the crime. First-degree murder in Virginia includes any willful, deliberate, and premeditated killing, as well as certain other killings committed in specific ways or situations, such as poisoning or lying in wait. This is in line with the historical concept of 'malice aforethought.' First-degree murder is punishable by life imprisonment or the death penalty. Second-degree murder in Virginia covers murders that are not premeditated but still result from a malicious intent to kill or harm. It is punishable by five to forty years in prison. Virginia also recognizes capital murder, which includes particularly egregious acts such as the killing of a law enforcement officer or committing a murder for hire. Capital murder can be punishable by death or life imprisonment without parole. These distinctions are codified in the Virginia Code, specifically under the sections dealing with criminal homicide.