List of punishments for murder in the United States
Murder, as defined in common law countries, is the unlawful killing of another human being with intent (or malice aforethought), and generally this state of mind distinguishes murder from other forms of unlawful homicide (such as manslaughter). As the loss of a human being inflicts an enormous amount of grief for individuals close to the victim, as well as the fact that the commission of a murder permanently deprives the victim of their existence, most societies have considered it a very serious crime deserving of the harshest punishment available. Typically a convicted murder suspect is given a life sentence or even the death penalty for such an act. A person who commits murder is called a murderer, and the penalties, as outlined below, vary from state to state.
In 2012, the United States Supreme Court held in Miller v. Alabama that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders.[1][2]
Federal
Civilian
Source:[3]
| Offense | Mandatory sentencing |
|---|---|
| Second degree murder | Life without parole or any other term
(There is no federal parole for murder, U.S. sentencing guidelines offense level 38: 19–250 years with clean record, 30–life with serious past offenses) |
| Second degree murder by an inmate, even escaped, serving a life sentence | Life Imprisonment without parole |
| First degree murder | Death penalty or life imprisonment without parole |
Military
Source:[4]
| Offense | Mandatory sentencing |
|---|---|
| Murder under UCMJ Article 118 Clause (2) or (3) (Second Degree Murder) | Any legal punishment (other than death) as directed by the court-martial |
| Murder under UCMJ Article 118 Clause (1) or (4) (First Degree Murder) | Death penalty or life imprisonment |
District of Columbia
| Offense | Mandatory sentencing |
|---|---|
| Second degree murder | 20–40 years (parole eligibility: one-third of sentence) |
| Second degree murder with aggravating circumstance | Between 20 years and life (parole eligibility: one-third of sentence, or 15 years if life sentence is imposed) |
| First degree | 30–60 years (parole eligibility: 30 years) |
| First degree murder with aggravating circumstance | Between 30 years and life without parole (parole eligibility: 30 years if life without parole is not imposed) |
| Murder of a law enforcement officer | Life without parole |
By states
Alabama
Source:[7]
| Offense | Mandatory sentencing |
|---|---|
| Manslaughter | 2–20 years |
| Murder | 10–99 years (20-99 years if using deadly weapon) or life with parole |
| Capital Murder | Death or Life without parole |
Alaska
Source:[8]
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 5–99 years |
| First degree murder or Second Degree Murder of an unborn child | 75–99 years |
| First Degree Murder with aggravating factor | 99 years (there is no life sentence without parole) |
Arizona
Source:[9]
| Offense | Mandatory sentencing |
|---|---|
| Negligent Homicide | imprisonment of up to 3.75 years for a first offense |
| Manslaughter | imprisonment up to 12.5 years in prison for a first offense |
| Second Degree Murder | Not less than 10 years nor more than 22 years |
| First Degree Murder | Death Penalty, Natural life imprisonment or 25 years to life |
Arkansas
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 6 to 30 years |
| First Degree Murder | 10 to 40 years or life. For capital murder, death or life without parole. |
California
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 15 years to life |
| Murder of a law enforcement officer | 25 years to life or life without parole |
| First Degree Murder | 25 years to life (35-life if committed with a firearm) |
| First Degree Murder constituting a hate crime or of an operator or driver | Life without parole or life with parole minimum of 30 to life |
| First Degree Murder with special circumstance | Death penalty or life without parole |
Colorado
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 16–48 years (Followed by 5 Years Mandatory Parole) |
| First Degree Murder | Life without parole (or death if crime occurred before July 1, 2020) |
Connecticut
| Offense | Mandatory sentencing |
|---|---|
| Murder and felony murder | 25 years to life (minimum 60 years if sentenced to life) |
| Murder with special circumstances or murder committed during arson | Life without parole |
Delaware
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 15 years to Life in prison |
| First Degree Murder | Life Without Parole (see Capital punishment in Delaware) |
Florida
Source:[12]
| Offense | Mandatory sentencing |
|---|---|
| Manslaughter | Maximum of 15 years in prison; maximum of 30 years in prison if a firearm is used |
| Aggravated Manslaughter of a child | Maximum of 30 years in prison; maximum could be enhanced to life in prison if a firearm is used |
| Second Degree Murder | Maximum of life in prison; Minimum of 25 years if a firearm is used, otherwise a minimum of 10 years under sentencing guidelines for a person with a clean record. |
| First Degree Murder | Life without parole or death. |
Georgia
| Offense | Mandatory sentencing |
|---|---|
| Involuntary Manslaughter | 1–20 years or misdemeanor (up to 1 year, depending on the charge) |
| Voluntary Manslaughter | 1–20 years |
| Second Degree Murder | 10–30 years |
| Malice Murder & Felony Murder | Death (Malice Murder Only), Life without parole, or Life with parole eligibility after 30 years |
First degree murder of a law enforcement carries the death penalty or life without parole or 30 years to life. If found with a mental illness, there is a minimum of 45 years to life and probation for life.
Hawaii
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Life imprisonment with possibility of parole. There is enhanced sentencing for repeat offenders (HRS 706-606.5). |
| First Degree Murder | Life imprisonment without the possibility of parole, with possible commuting of sentence by governor to life imprisonment with parole at the end of twenty years of imprisonment. (HRS §706-656) There is enhanced sentencing for repeat offenders. (HRS 706-606.5) |
Idaho
| Offense | Mandatory Sentencing |
|---|---|
| Second Degree Murder | 10 years to Life With Parole (Eligible for parole after serving 1/3 of sentence or 10 years with a life sentence) |
| First Degree Murder | Death Penalty or Life
Parole Eligibility for a Life Sentence must be at least 10 years up to Natural Life |
Illinois
| Offense | Mandatory Sentencing |
|---|---|
| Second Degree Murder | 4–20 years (Up to 4 years are probational)
Certain factors increase the maximum to 30 years (Up to 4 years are probational). |
| First Degree Murder | 20–60 years (No parole), 45 years to life (if firearm used) (No parole), life without parole |
Indiana
| Offense | Mandatory sentencing[13] |
|---|---|
| Murder | Between 25 and 65 years |
| Murder with aggravating circumstances or killing of law enforcement | Death or life without parole |
Iowa
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 50 years with up to 70% with no parole |
| First/Second Degree Murder by a Person Previously Convicted of First/Second Degree Murder | Life Imprisonment Without Parole |
| First Degree Murder | Life Imprisonment Without Parole with first 5 years in solitary confinement |
Kansas
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder (Unintentional) | 9-41 years |
| Second Degree Murder (Intentional) | 12.5-54 years |
| Felony First Degree Murder | 25 years to life |
| Premeditated First Degree Murder | Generally a sentence of 50 years to life. In some circumstances 25 years to life |
| Capital Murder | Death or Life without parole |
Kentucky
| Offense | Mandatory sentencing |
|---|---|
| Murder | Death Penalty, Life Without Parole, Life with parole eligibility in 25 years, Life with parole eligibility in 20 years, or 20 to 50 years |
| Voluntary Manslaughter | 10 to 20 years imprisonment |
| Involuntary Manslaughter | Five to ten years imprisonment |
| Aggravated Murder | Death penalty, 25 years to life, or life without parole |
| Reckless Homicide | One to five years imprisonment |
Louisiana
| Offense | Mandatory sentencing |
|---|---|
| Second-degree murder | Life without parole |
| First-degree murder | Death or Life without parole |
Maine
Source:[14]
| Offense | Mandatory sentencing |
|---|---|
| Manslaughter | 1–20 years |
| Felony Murder | 1–35 years |
| Murder | Life without parole or no less than 25 years |
Maryland
| Offense | Mandatory sentencing |
|---|---|
| Involuntary Manslaughter | Maximum of 10 years, up to 2.5 with no parole |
| Voluntary Manslaughter | Maximum of 10 years, up to 5 with no parole |
| Second Degree Murder | Maximum of 40 years, up to 20 with no parole |
| First Degree Murder | Life with parole after 15 years or life without parole |
Massachusetts
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Life with parole eligibility in 15-25 years |
| First Degree Murder if under 18 | Life with parole eligibility[15] |
| First Degree Murder if 18 or older | Life without parole |
Michigan
Source:[16]
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Life (Parole eligible after 15 years, eligible after 10 years for offenses committed before October 1, 1992) or any number of years[17] |
| First Degree Murder | Life without parole. For juveniles, if mitigating factors exist the judge may set a minimum term of between 25 and 40 years before parole eligibility with a maximum term of at least 60 years.[18] |
Minnesota
| Offense | Mandatory sentencing |
|---|---|
| Third Degree Murder | Maximum of 25 years |
| Second Degree Murder | Maximum of 40 years-Minimum of 15 |
| First Degree Murder | Life without parole or life with parole eligibility after 30 years |
Mississippi
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Life (eligible parole at age 65) or no less than 20 years and no more than 40 years |
| First Degree Murder | Life (eligible parole at age 65) |
| Capital murder | Death or Life without Parole |
Missouri
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 10–30 years in prison or Life (Minimum 30 years) |
| First Degree Murder | Death or Life without parole |
Montana
| Offense | Mandatory sentencing |
|---|---|
| Mitigated Deliberate Homicide | 2–40 years |
| Deliberate Homicide | Death, Life without parole, Life (Minimum 30 years) or 10–100 years |
Nebraska
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Minimum of 20 years and maximum of life |
| First Degree Murder | Death Penalty if offender is previously convicted of a violent crime. If not, Life Without Parole which can be reviewed by Nebraska parole board |
Nevada
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Life with parole after 10 years, 25 years in prison with the possibility of parole after 10 |
| First Degree Murder | Death (aggravating circumstances), Life without parole, Life with parole after 20 years, or 50 years with the possibility of parole after 20 |
New Hampshire
Source:[19]
| Offense | Mandatory sentencing |
|---|---|
| Negligent Homicide | Imprisonment for a term of not less than 7 1/2 years and not more than 17 years. |
| Causing or Aiding Suicide | For causing a suicide or suicide attempt, imprisonment for a term of up to seven years in prison. For aiding or assisting in a suicide or suicide attempt without causing the suicide or attempt, up to one year in jail.[20][21] |
| Manslaughter | Imprisonment for a term of not more than 30 years. |
| Second Degree Murder | Life with Parole or 30–40 years. |
| First Degree Murder | Life without Parole. |
| Capital Murder | Life without Parole (or death if crime occurred before May 30, 2019) |
New Jersey
| Offense | Mandatory sentencing |
|---|---|
| Murder | Minimum of 30 years and parole eligibility after serving 85% of the actual sentence. Maximum of 30 years to life or life without parole |
| Murder (with aggravating circumstances) | Life imprisonment without Parole |
New Mexico
| Offense | Mandatory sentencing |
|---|---|
| Involuntary Manslaughter | Maximum of 3 years in prison |
| Voluntary Manslaughter | Maximum of 6 years in prison |
| Second Degree Murder | Maximum of 15 years in prison |
| First Degree Murder with no special circumstances | Life (Minimum of 30 years) However in some circumstances it could be less |
| First Degree Murder with special circumstances | Life without parole or Life (minimum of 30 years) |
New York
| Offense | Mandatory Sentencing |
|---|---|
| Second Degree Murder | Minimum: 15 years to life, Maximum: 25 years to life |
| First Degree Murder | Minimum: Life in prison with parole eligibility being after between 20-25 years, Maximum: Life without Parole |
| Aggravated Murder | Life Imprisonment without Parole |
North Carolina
| Offense | Mandatory sentencing |
|---|---|
| Involuntary Manslaughter | 13 months to 16 months (depending on prior record level) |
| Voluntary Manslaughter | 51 months to 64 Months (depending on prior record level) |
| Second Degree Murder (Inherently Dangerous Act or by unlawful distribution of certain illicit substances) | 94 months to 393 months (depending on prior record level) |
| Second Degree Murder | 144 months to Life without Parole (depending on prior record level) |
| First Degree Murder | Death or Life without Parole |
North Dakota
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Maximum of 40 years |
| First Degree Murder | Life without Parole or 30 years to Life |
Ohio
Ohio differentiates between "Aggravated Murder" and "Murder." Aggravated Murder consists of purposely causing the death of another (or unlawful termination of a pregnancy) with prior calculation and design, or purposely causing the death of another under the age of 13, a law enforcement officer, or in the course of committing certain serious felony offenses. Murder consists of purposely causing the death of another, or causing the death of another as a proximate result of committing certain serious felony offenses.
| Offense | Mandatory sentencing |
|---|---|
| Involuntary Manslaughter | 3 to 11 years (if underlying offense is a felony) 9 months to 3 years (if underlying offense is a misdemeanor) |
| Voluntary Manslaughter | 3 to 11 years |
| Murder | 15 years to life |
| Murder (victim under 13 years old or committed with sexual motivation) | 30 years to life and up to Life without Parole |
| Aggravated Murder | Life without Parole, Life with Possibility of Parole after 20, 25, or 30 years |
| Aggravated Murder (with capital specification for certain aggravating factors such as special victims, murder-for-hire, multiple victims, witness as victim, committed in the course of another serious felony offense) | Death, Life without Parole, Life with Possibility of Parole after 25 or 30 years |
Oklahoma
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Life with parole or not less than 10 years |
| First Degree Murder | Death Penalty, Life without Parole, or Life with parole eligibility after 38 years however, suspension of sentence is possible |
Oregon
| Offense | Mandatory sentencing |
|---|---|
| Murder | Life with parole or not less than 25 years |
| Aggravated Murder | Death Penalty, Life without Parole, or Life with parole eligibility after 30 years |
Pennsylvania
| Offense | Mandatory sentence |
|---|---|
| Third Degree Murder | 20–40 years, 5–40 years in the case of person dying from using drugs delivered to them |
| Second Degree Murder | Life without parole however with possibility of getting sentence commuted by governor |
| First Degree Murder | Death Penalty or Life without parole however with possibility of getting sentence commuted by governor |
Rhode Island
| Offense | Mandatory sentence |
|---|---|
| Second Degree Murder | Life or no less than 10 years |
| First Degree Murder | Life without parole or Life (parole eligibility after 15,20 or 25 years) |
South Carolina
| Offense | Mandatory sentencing |
|---|---|
| Involuntary Manslaughter | Maximum of 2 years |
| Voluntary Manslaughter | Maximum of 56 years |
| Murder | Death, Life without parole, 30 years to life or no less than 30 years |
South Dakota
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 14 years |
| First degree murder | 10-15 years. |
Tennessee
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Imprisonment for not less than 5 years nor more than 30. |
| First Degree Murder | 10-45 years[22] |
Texas
| Offense | Mandatory sentencing[23] |
|---|---|
| Murder | 5 to 99 years or life (possibility of parole after at least 30 years. If sentenced to any amount under 60 you'll be eligible for release after half the sentence but 60+ is 30 years |
| Capital murder | Death or life without parole (Parole eligible after 40 years if under 18) |
Utah
| Offense | Mandatory sentencing
(Parole Eligibility Determined by Parole Board) |
|---|---|
| Murder or felony murder | 15 years to life |
| Aggravated murder | Death penalty, life without parole, or 25 years to life |
Vermont
Source:[24]
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder if mitigating factors outweigh any aggravating factors | 10–20 years to life |
| Second Degree Murder | 12 years to life without parole (depending on the person's record) |
| Second Degree Murder if aggravating factors outweigh any mitigating factors | Between 20 years to life and life without parole |
| First Degree Murder if mitigating factors outweigh any aggravating factors | 15–34 years to life |
| First Degree Murder | 35 years to life |
| First Degree Murder if aggravating factors outweigh any mitigating factors | Between 35 years to life and life without parole |
| Aggravated Murder | Life without parole |
Virginia
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 5–40 years[25] |
| Felony Murder | 5–40 years |
| First Degree Murder | Between 20 years and life imprisonment (parole eligibility for life sentence if crime committed before January 1, 1995: 15 years or 20 years if sentenced to more than 1 life sentence, 25 years if the victim was under the age of 18 except commit with sexual motivation) (Prisoners are eligible for geriatric parole when they turn 60.) Suspension of sentence is possible which means that the defendant may serve a portion of the sentence in jail and spend rest on probation |
| Capital Murder | Death or Life Without Parole (Ineligible for geriatric parole) (Judge can use discretion to suspend portion of life sentence.) |
Washington
| Offense | Mandatory sentence |
|---|---|
| Second Degree Murder | 10 to 18 years imprisonment |
| First Degree Murder | 20 years to life. Standard sentence without criminal record is 20–26 years. At least 20 years must be served before parole eligibility. Special Circumstances may increase the number of years to an equivalent sentence of life imprisonment |
| Aggravated First Degree Murder | Life Without Parole |
West Virginia
Source:[26]
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | 10–40 years |
| First Degree Murder | Life without parole or 15 years to life |
Wisconsin
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Intentional Homicide | Minimum of 15, Maximum of 60 years |
| First Degree Intentional Homicide | Minimum of 20 years to Life, Life imprisonment without parole |
Wyoming
Source:[27]
| Offense | Mandatory sentencing |
|---|---|
| Second Degree Murder | Life with parole or not less than 20 years |
| First Degree Murder | Death, life without parole, or life (eligible for commutation by governor) |
References
- Savage, David G. (25 June 2012). "Supreme Court rules mandatory juvenile life without parole cruel and unusual". The Los Angeles Times. Retrieved 26 June 2012.
- Cohen, Andrew (26 June 2012). "If You Think Monday Was Bad at the Supreme Court ..." The Atlantic. Retrieved 26 June 2012.
- "Title 18 - CRIMES AND CRIMINAL PROCEDURE :: 2010 US Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. 2011-01-07. Retrieved 2012-08-02.
- "10 USC § 918 - Art. 118. Murder | LII / Legal Information Institute". Law.cornell.edu. Retrieved 2012-08-02.
- "LexisNexis® Legal Resources". Michie.com. Retrieved 2012-08-02.
- "LexisNexis® Legal Resources". Michie.com. Retrieved 2012-08-02.
- alabamacriminalandfamilylawyerblog.com
- "Alaska Statutes: AS 12.55.125. Sentences of Imprisonment For Felonies". Touchngo.com. Retrieved 2012-08-02.
- "Arizona Vehicular Crimes - Phoenix AZ Criminal Lawyers - Gillespie Law Firm". Craiggillespie.com. Retrieved 2012-08-02.
- "CA Codes (pen:187-199)". Leginfo.ca.gov. 1997-01-01. Archived from the original on 2009-05-12. Retrieved 2012-08-02.
- {nik {cite web|url=http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PEN&division=&title=8.&part=1.&chapter=1.&article= |title=CA LegInfo Code Search |publisher=leginfo.legislature.ca.gov |date=c. 2015 |accessdate=2016-03-18}}
- "782.04(2)". Florida legislature.
- "Indiana Death Penalty Laws". Clarkprosecutor.org. Retrieved 2012-08-02.
- "§1251 — Imprisonment for murder :: Chapter 51 — SENTENCES OF IMPRISONMENT (§1251 - §1258) :: TITLE 17-A — MAINE CRIMINAL CODE :: 2005 Maine Code :: Maine Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved 2012-08-02.
- "Mandatory life without parole for juveniles: A state-by-state look at sentencing". The Wasshington times. Associated press. July 31, 2017.
- "Michigan Legislature - 328-1931-XLV =Legislature.mi.gov". 2010-10-31. Retrieved 2012-08-02.
- "Michigan Legislature - Section 791.234". www.legislature.mi.gov. Retrieved 2019-12-04.
- "Michigan Legislature - Section 769.25". www.legislature.mi.gov. Retrieved 2019-12-04.
- "New Hampshire Statutes - Table of Contents". Gencourt.state.nh.us. Retrieved 2012-08-02.
- "New Hampshire Statutes, Sec. 630:4 Causing or Aiding Suicide". New Hampshire General Court. Retrieved 18 July 2017.
- Cohen, Jonathan (2007). "The Student Guide To N.H. Criminal Law" (PDF). Franklin Pierce University. Archived from the original (PDF) on 21 May 2013. Retrieved 18 July 2017.
- https://tnsocialjustice.wordpress.com/2014/07/08/51-years-the-new-life-without-parole/
- "PENAL CODE CHAPTER 12. PUNISHMENTS". Statutes.legis.state.tx.us. Retrieved 2012-08-02.
- "§ 2303. — Penalties for first and second degree murder :: Chapter 53 — HOMICIDE (contains §§ 2301 – 2311) :: Title 13 — Crimes and Criminal Procedure :: 2005 Vermont Code :: Vermont Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved 2012-08-02.
- "First and second degree murder defined; punishment". Retrieved 1 August 2012.
- "§61-2-2. — Penalty for murder of first degree. :: CHAPTER 61. — CRIMES AND THEIR PUNISHMENT :: 2005 West Virginia Code :: West Virginia Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved 2012-08-02.
- "Chapter 2 - Offenses Against The Person :: Title 6 - Crimes And Offenses :: 2010 Wyoming Statutes :: Wyoming Statutes :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. 2010-07-01. Retrieved 2012-08-02.
Bibliography
- Lord Mustill on the Common Law concerning murder
- Sir Edward Coke Co. Inst., Pt. III, ch.7, p. 50
External links
 |
Look up murder in Wiktionary, the free dictionary. |
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