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 warranting the harshest punishments available. A person who commits murder is called a murderer, and the penalties, as outlined below, vary from state to state.
In 2005, the United States Supreme Court held that offenders under the age of 18 at the time of the murder were exempt from the death penalty under Roper v. Simmons.
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.
Federal
Civilian Source: OffenseMandatory SentencingSecond degree murderAny term of years or life without parole(There is no federal parole, U.S. sentencing guidelines offense level 38: 235–293 months with a clean record, 360 months–life with serious past offenses)Second degree murder by an inmate, even escaped, serving a life sentenceLifeFirst degree murderDeath (aggravating circumstances), life without parole, or any term of years (only an option if the defendant was a juvenile)
Military Source: OffenseMandatory SentencingMurder under UCMJ Article 118 Clause (2) or (3) (Second degree murder)Any legal punishment (other than death) as directed by the court-martialMurder under UCMJ Article 118 Clause (1) or (4) (First degree murder)Death (aggravating circumstances), life without parole, or life (minimum of 20 years)
District of Columbia Source: OffenseMandatory SentencingSecond degree murderAny term of years, but no more than 40 years (unless there are aggravating circumstances), or life without parole First degree murder30–60 years (sentence can exceed 60 years if there are aggravating circumstances) or life without paroleMurder of a law enforcement officerLife without parole (if the defendant was a juvenile, a judge sets a term of 60 years)
Puerto Rico OffenseMandatory SentencingSecond degree murder15–50 yearsFirst degree murder99 years
U.S. Virgin Islands Source: OffenseMandatory SentencingSecond degree murderNot less than 5 years (10 years if the victim was a law enforcement officer)First degree murderLife without parole (For juveniles, a judge sets a sentence of any term of years not exceeding life)
By states Alabama Source: OffenseMandatory SentencingManslaughter2–20 years Murder10–99 years (20–99 years if using deadly weapon) or life (minimum of 15 years)Capital murderDeath, life without parole, or life with parole eligibility after 30 years (only an option if the defendant was a juvenile)
Alaska Source: OffenseMandatory SentencingSecond degree murder5–99 yearsFirst degree murder30–99 yearsFirst degree murder with an aggravating factor99 years without parole (can apply for a one-time reduction after 49.5 years; for juveniles, a judge can sentence them to 99 years and the governor can parole them)
Arizona Source:
OffenseMandatory SentencingNegligent homicide1–3.75 years (first violent felony offense)Manslaughter7–21 years (first violent felony offense)Second degree murder10–25 years (first violent felony offense)Felony first degree murderDeath (aggravating circumstances), natural life imprisonment, or life (minimum of 25 years; 35 years if the victim was under the age of 15)Premeditated first degree murderDeath (aggravating circumstances), natural life imprisonment, or life (minimum of 25 years; 35 years if the victim was under the age of 15; only an option if the defendant was a juvenile)
Arkansas Source: OffenseMandatory SentencingSecond degree murder6–30 yearsFirst degree murder10–40 years or life without parole (eligible for parole after 25 years if the defendant was a juvenile)Capital murderDeath or life without parole (eligible for parole after 30 years if the defendant was a juvenile)
California Source:
Excluding murder, all offenses below are eligible for probation terms. If probation is given, the maximum confinement sentence is up to a year in jail with up to five years of probation. If probation is denied, the following prison terms are used: OffenseMandatory SentencingAny felony criminal homicideMaximum $10,000 fine (not including fees/court costs and penalty assessments) Loss of gun rights For involuntary manslaughter with a firearm or voluntary manslaughter or murder, a strike under California Three Strikes Law Penalty Enhancements like the 10-20-life law or gang-related enhancement. Victim restitution Can't get probation for murderVehicular manslaughter (Standard Negligence)Up to 1 year in county jailVehicular manslaughter (Gross Negligence)Up to 1 year in county jail as a misdemeanor. 2, 4, or 6 years in state prison as a felony. Vehicular manslaughter for Financial Gain4, 6, or 10 years in state prisonInvoluntary manslaughter2, 3, or 4 years (a strike under California Three Strikes Law if a firearm was used) Voluntary manslaughter3, 6, or 11 yearsSecond degree murder15 years to life (either 15 years to life or life without parole if the defendant served a prior murder conviction under Penal Code 190.05)Second degree murder of a peace officer25 years to life (only an option if the defendant was a juvenile) (Life without parole if any of the following are true: The defendant's intention was to kill, OR Intention was to cause great bodily injury, OR A deadly weapon was used to kill. If the defendant was a juvenile, they are given a sentence under California’s three-strikes law)Second degree murder by shooting from a motor vehicle with intent to cause great bodily injury(Intent to cause death is prosecuted as First degree murder)20 years to lifeFirst degree murder25 years to life (defendant must be eligible for parole after having BOTH turned 50 years old and having served 20 years, this does not apply if defendant has a previous violent felony)Assault causing the death of a child under 8 years of age25 years to life (defendant must be eligible for parole after having BOTH turned 50 years old and having served 20 years, this does not apply if defendant has a previous violent felony)First degree murder constituting a hate crime or of an operator or driverLife without parole (eligible for parole after 25 years if the defendant was a juvenile)First degree murder with special circumstances Death or life without parole (eligible for parole after 25 years if the defendant was a juvenile)
Colorado OffenseMandatory SentencingSecond degree murder16–48 years (followed by 5 years of mandatory parole)First degree murder if the defendant was a juvenileLife with parole eligibility after 40 years (eligible for parole after 20-25 years if certain prison programs completed)First degree murderLife without parole
Connecticut OffenseMandatory SentencingSecond degree manslaughterMaximum of 10 years (minimum of 1 year if a firearm is used)First degree manslaughter1–20 years (5–40 years if a firearm was used)Murder25–60 years (eligible for parole if the defendant was under the age of 25)Murder with special circumstancesLife without parole (juveniles cannot be charged with murder with special circumstances)
Delaware OffenseMandatory SentencingSecond degree murderMinimum of 15 years and maximum of life without paroleFirst degree murder if the defendant was a juvenile25 years to life (defendants may seek a review of their sentence after 30 years)First degree murderLife without parole
Florida Source: OffenseMandatory SentencingManslaughter9–15 years (if downward departure is not granted) Maximum of 30 years in prison if: the offender used a deadly weapon or firearm the victim was a vulnerable person under the care of the offender (a child under 18, elderly person, or disabled adult) the victim was an on duty police officer or a first responder the offense was committed during a hit and run
Maximum of life without parole (eligible for review of sentence after 25 years if the defendant was a juvenile) if the victim was: a vulnerable person, under the care of the offender (a child under 18, elderly person, or disabled adult) or an on duty police officer or first responder AND the offender used a deadly weapon or firearmThird degree murder10–15 years (if downward departure is not granted)however the maximum enhanced to 30 years in prison if the offense had the intent to facilitate or further terrorism or the offender is a repeat offender.Second degree murderMinimum of 16.75 years in prison if downward departure is not grantedMandatory minimum of 25 years if firearm was usedMaximum of life in prison without parole (eligible for parole after 25 years if the defendant was under 18)First degree murderDeath or life without paroleIf under 18, the offender must be sentenced to a term of not less than 40 years and up to life although with a review after 25 years from the Florida Commission on Offender Review
Georgia OffenseMandatory SentencingInvoluntary manslaughter1–10 years (felony) or up to 1 year (misdemeanor)Voluntary manslaughter1–20 yearsSecond degree murder10–30 yearsMurderDeath, life without parole, or life (minimum of 30 years)
Hawaii OffenseMandatory SentencingSecond degree murder Life imprisonment with the possibility of parole. There is enhanced sentencing for repeat offenders (HRS 706-606.5).First degree murderLife imprisonment without the possibility of parole, with possible commuting of sentence by the governor to life imprisonment with parole at the end of twenty years of imprisonment.(For juveniles, they are eligible for parole) (HRS §706-656)There is enhanced sentencing for repeat offenders. (HRS 706-606.5)
Idaho OffenseMandatory SentencingSecond degree murderMinimum of 10 years and maximum of life without parole First degree murderDeath (aggravating circumstances), life without parole, or life (minimum of at least 10 years)
Illinois OffenseMandatory SentencingSecond degree murder4–20 years (up to 4 years are probational) Certain factors increase the maximum to 30 years (up to 4 years are probational)First degree murder20–60 years (eligible for parole if the defendant was under 21), 45 years to life (if firearm used), up to life without parole under certain aggravating circumstances (eligible for parole after 40 years if the defendant was under 21)
Indiana OffenseMandatory SentencingMurder45–65 yearsMurder with aggravating circumstancesDeath or life without parole (defendant under 16 cannot be sentenced to life without parole)
Iowa OffenseMandatory SentencingSecond degree murder50 years with parole eligibility after 35 years (no minimum for parole eligibility if the defendant was a juvenile)First degree murderLife without parole or life (minimum term can be determined by judge; only an option if the defendant was a juvenile)
Kansas OffenseMandatory SentencingSecond degree murder (unintentional)9–41 yearsSecond degree murder (intentional)12.5–54 yearsFelony first degree murderLife (minimum of 25 years)Premeditated first degree murderLife (minimum of 50 years; 25 years if the judge finds compelling reasons warranting a more lenient sentence)Capital murderDeath, life without parole, or life with a minimum of 25/50 years (only an option if the defendant is a juvenile)
Kentucky OffenseMandatory SentencingReckless homicide1–5 yearsSecond degree manslaughter5–10 yearsFirst degree manslaughter10–20 yearsMurder (no aggravating circumstances)Life (minimum of 20 years) or 20–50 yearsMurder (aggravating circumstances)Death, life without parole, or life without parole for 25 years
Louisiana Source: