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 Vermont, murder is defined under Vermont Statutes Title 13, Chapter 53. The state distinguishes between different degrees of murder. First-degree murder involves premeditation and is punishable by a sentence of 35 years to life in prison. Vermont does not have the death penalty, so capital punishment is not applicable. Second-degree murder in Vermont is an intentional killing that was not premeditated, and it carries a potential sentence of 20 years to life in prison. Vermont law does not use the term 'capital murder,' but it does have provisions for aggravated murder, which includes particularly egregious circumstances such as the killing of a law enforcement officer. Aggravated murder can result in life imprisonment without the possibility of parole. Manslaughter, also known as voluntary manslaughter in some jurisdictions, is a separate offense in Vermont and is generally considered a killing without malice or premeditation.