List of punishments for murder in the United States

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Main article: Murder (United States law)

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.[citation needed] 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 Any term of years or life imprisonment without parole

(There is no federal parole, U.S. sentencing guidelines offense level 38: 235–293 months 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 (aggravating circumstances) 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 (aggravating circumstances) or life imprisonment

District of Columbia[]

Source: [5]

Offense Mandatory sentencing
Second Degree Murder Any term of years, but no more than 40 years (unless there are aggravating circumstances), or life without parole
First Degree Murder 30–60 years (sentence can exceed 60 years if there are aggravating circumstances) or life without parole
Murder of a law enforcement officer Life without parole

Puerto Rico[]

Offense Mandatory sentencing
Second Degree Murder 15 to 50 years
First Degree Murder 99 years

U.S. Virgin Islands[]

Source: [6]

Offense Mandatory sentencing
Second Degree Murder Not less than 5 years (10 years if the victim was a law enforcement officer)
First Degree Murder 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 (minimum of 15 years)
Capital Murder Death or life without parole

Alaska[]

Source:[8]

Offense Mandatory sentencing
Second Degree Murder 5–99 years
First Degree Murder 20–99 years
First Degree Murder with aggravating factor 99 years without parole (can apply for one-time reduction after 49.5 years)

Arizona[]

Source:[9]

Offense Mandatory sentencing
Negligent Homicide Not less than 1 year nor more than 3.75 years (first violent felony offense)
Manslaughter Not less than 7 years nor more than 21 years (first violent felony offense)
Second Degree Murder Not less than 10 years nor more than 25 years (first violent felony offense)
Felony First Degree Murder Natural life imprisonment or 25 years to life
First Degree Murder Death (aggravating circumstances) or natural life imprisonment

Arkansas[]

Source: [10]

Offense Mandatory sentencing
Second Degree Murder 6 to 30 years
First Degree Murder 10 to 40 years or life without parole
Capital Murder Death or life without parole

California[]

Source:[11] [12]

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 or life without parole

Colorado[13][]

Offense Mandatory sentencing
Second Degree Murder 16–48 years (followed by 5 years of mandatory parole)
First Degree Murder Life without parole (or death if crime occurred before July 1, 2020)

Connecticut[]

Offense Mandatory sentencing
Second Degree Manslaughter 1 - 20 years
First Degree Manslaughter 1 - 20 years (5 - 40 years if a firearm was used)
Murder 25 - 60 years (without parole)
Murder with special circumstances Life without parole

Delaware[]

Offense Mandatory sentencing
Second Degree Murder Minimum of 15 years and maximum of life without parole
First Degree Murder Life without parole (see Capital punishment in Delaware)

Florida[]

Source:[14]

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 Death (aggravating circumstances) or life without parole

Georgia[]

Offense Mandatory sentencing
Involuntary Manslaughter 1–20 years or misdemeanor (up to 1 year, depending on the charge)
Voluntary Manslaughter 30-70 years
Malice Murder & Felony Murder Death (aggravating circumstances), life without parole, or life with parole eligibility after 30 years

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 Minimum of 10 years and maximum of life without parole
First Degree Murder Death (aggravating circumstances), life without parole, or life (eligible for parole after a set number of years, but no less than 10)

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), up to life without parole under certain aggravating circumstances

Indiana[]

Offense Mandatory sentencing[15]
Murder Between 45 and 65 years
Murder with aggravating circumstances Death or life without parole

Iowa[]

Offense Mandatory sentencing
Second Degree Murder 50 years with parole eligibility after 35 years
First/Second Degree Murder by a Person Previously Convicted of First/Second Degree Murder Life without parole
First Degree Murder Life without parole

Kansas[]

Offense Mandatory sentencing
Second Degree Murder (Unintentional) 9 - 41 years
Second Degree Murder (Intentional) 12 years 6 months - 54 years
Felony First Degree Murder Life (minimum of 25 years)
Premeditated First Degree Murder Generally a sentence of 50 years to life. 25 years to life in some circumstances
Capital Murder Death or life without parole

Kentucky[]

Offense Mandatory sentencing
Murder (aggravating circumstances) Death, life without parole, life without parole for 25 years
Murder (no aggravating circumstances) Life (minimum of 20 years), or 20 to 50 years
First Degree Manslaughter 10 to 20 years imprisonment
Second Degree Manslaughter Five to ten years imprisonment
Reckless Homicide One to five years imprisonment

Louisiana[]

Offense Mandatory sentencing
Manslaughter Maximum of 40 years in prison
Second Degree Murder Life without parole
First Degree Murder Death (aggravating circumstances) or life without parole

Maine[]

Source:[16]

Offense Mandatory sentencing
Manslaughter Maximum of 20 years in prison
Felony Murder Maximum of 30 years in prison
Murder Life without parole or no less than 25 years

Maryland[]

Offense Mandatory sentencing
Involuntary Manslaughter Maximum of 10 years, up to 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 without parole or life with parole by governor after 15 years however the judge can suspend part of sentence to make the defendant go before the parole board without having the governor agreeing to it

Massachusetts[]

Offense Mandatory sentencing
Second Degree Murder Life (minimum of 15-25 years; minimum of 15 years if crime was committed before July 25, 2014)
First Degree Murder if the defendant was under 18 Life with parole eligibility in 20-30 years[17]
First Degree Murder Life without parole

Michigan[]

Source:[18]

Offense Mandatory sentencing
Second Degree Murder Life (eligible for parole after 15 years, eligible after 10 years for offenses committed before October 1, 1992) or any number of years[19]
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.[20]

Minnesota[]

Offense Mandatory sentencing
Second Degree Manslaughter Maximum of 10 years in prison
First Degree Manslaughter Maximum of 15 years in prison
Third Degree Murder Maximum of 25 years in prison
Second Degree Murder Maximum of 40 years in prison
First Degree Murder Life (minimum of 30 years)
First Degree Murder if the murder was premeditated or involved rape, kidnapping, or terrorism, if the victim was a law enforcement or prison officer, or if the defendant has one or more previous convictions for a “heinous crime" Life without parole

Mississippi[]

Offense Mandatory
Manslaughter Maximum of 20 years
Second Degree Murder Life (eligible for conditional release at age 65) or no less than 20 years and no more than 40 years
First Degree Murder Life (eligible for conditional release at age 65)
Capital Murder Death or life without parole

Missouri[]

Offense Mandatory sentencing
Second Degree Murder 10-30 years or life (minimum of 25.5 years)
First Degree Murder if the defendant was under 18 30-40 years, life (minimum of 25 years), or life without parole (aggravating circumstances)
First Degree Murder Death (aggravating circumstances) or life without parole (except that those who are under 18 can get parole)

Montana[]

Offense Mandatory sentencing
Mitigated Deliberate Homicide 2–40 years
Deliberate Homicide Death (aggravating circumstances), life without parole, life (minimum of 30 years), or 10–100 years

Nebraska[]

Offense Mandatory sentencing
Second Degree Murder Minimum of 20 years and maximum of life without parole
First Degree Murder Death (aggravating circumstances) or life without parole (reviewed by Nebraska state parole board)

Nevada[]

Offense Mandatory sentencing
Second Degree Murder Life (minimum of 10 years) or 25 years with parole eligibility after 10 years
First Degree Murder Death (aggravating circumstances), life without parole, life (minimum of 20 years), or 50 years with parole eligibility after 20 years

New Hampshire[]

Source:[21]

Offense Mandatory sentencing
Negligent Homicide Imprisonment for a term of not less than 3 1/2 years and not more than 7 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.[22][23]
Manslaughter Imprisonment for a term of not more than 30 years.
Second Degree Murder Life with parole or any number of 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 maximum of life
Murder (with aggravating circumstances) Life without parole

New Mexico[]

Offense Mandatory sentencing
Involuntary Manslaughter Maximum of 4 years in prison
Voluntary Manslaughter Maximum of 6 years in prison
Second Degree Murder Maximum of 15 years in prison
First Degree Murder Life (minimum of 30 years) or no less than 30 years
First Degree Murder with aggravating circumstances Life without parole

New York[]

Offense Mandatory Sentencing
Second Degree Murder Life (minimum of 15-25 years)
First Degree Murder Life (minimum of 20-25 years) or life without parole
Aggravated Murder Life without parole

North Carolina[]

Offense Mandatory sentencing
Involuntary Manslaughter 10 months to 20 months (if the defendant has no criminal record)
Voluntary Manslaughter 38 months to 80 months (if the defendant has no criminal record)
Second Degree Murder (Inherently Dangerous Act or by unlawful distribution of certain illicit substances) 7 to 16 years (if the defendant has no criminal record)
Second Degree Murder 12 to 25 years (if the defendant has no criminal record)
First Degree Murder Death (aggravating circumstances) or life without parole

North Dakota[]

Offense Mandatory sentencing
Murder committed under "extreme emotional disturbance" Maximum of 20 years in prison
Murder Life without parole, life (minimum of 30 years), or any number of years

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 Life with parole eligibility after 15 years
Murder (victim under 13 years old and committed with sexual motivation) Life with parole eligibility after 30 years
Murder (committed with a sexual motivation and the defendant has a sexually violent predator specification) Life without parole
Aggravated Murder Life without parole or life with parole eligibility 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 parole eligibility 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 (aggravating circumstances), life without parole, or life with parole eligibility after 38 years (a portion of the sentence can be suspended at the judge's discretion)

(life with and without parole are eligible for reduction after 38 years)[24]

Oregon[]

Offense Mandatory sentencing
Murder Life (minimum of 25 years) or not less than 25 years
First Degree Murder Life without parole or life (minimum of 30 years)
Aggravated Murder Death, life without parole, or life (minimum of 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 (eligible for commutation by governor)
First Degree Murder Death (aggravating circumstances) or life without parole (eligible for commutation by governor)

Rhode Island[]

Offense Mandatory sentence
Second Degree Murder Life (parole eligibility after 25 years; 20 years if crime was committed before July 1, 2015) or no less than 10 years (eligible for parole after serving half the sentence)
First Degree Murder Life without parole or life (parole eligibility after 25 years; 20 years if crime was committed before July 1, 2015)

South Carolina[]

Offense Mandatory sentencing
Involuntary Manslaughter Maximum of 5 years in prison
Voluntary Manslaughter 2–30 years in prison
Murder Death (aggravating circumstances), life without parole, or no less than 30 years

South Dakota[]

Offense Mandatory sentencing
First Degree Manslaughter Maximum of life without parole
Second Degree Murder Life without parole
First Degree Murder Death (aggravating circumstances) or life without parole

Tennessee[]

Offense Mandatory sentencing
Second Degree Murder 15 - 25 years (Range I offender), 25 - 40 years, (Range II offender), 40 - 60 years (Range III offender) [25]
First Degree Murder (no aggravating circumstances) Life (minimum of 51 years)[26]
First Degree Murder (aggravating circumstances) Death, life without parole, or life (minimum of 51 years)

Texas[]

Offense Mandatory sentencing[27]
Murder 5 to 99 years (eligible for parole after half the sentence or 30 years, whichever is less) or life (minimum of 30 years)
Capital Murder Death or life without parole (eligible for parole after 40 years if the defendant was under 18)

Utah[]

Offense Mandatory sentencing

(Parole Eligibility Determined by Parole Board)

Murder 15 years to life
Aggravated Murder Death, life without parole, or 25 years to life

Vermont[]

Source:[28]

Offense Mandatory sentencing
Second Degree Murder if mitigating factors outweigh any aggravating factors Life (minimum of 10-20 years)
Second Degree Murder Life (minimum of 20 years)
Second Degree Murder if aggravating factors outweigh any mitigating factors Life (minimum of any number of years, but not less than 20 years) or life without parole
First Degree Murder if mitigating factors outweigh any aggravating factors Life (minimum of 15-35 years)
First Degree Murder Life (minimum of 35 years)
First Degree Murder if aggravating factors outweigh any mitigating factors Life (minimum of any number of years, but not less than 35 years) or life without parole
Aggravated Murder Life without parole

Virginia[]

Offense Mandatory sentencing
Second Degree Murder 5–40 years[29]
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 8) (Prisoners are eligible for geriatric parole when they turn 60)
Aggravated Murder Life without parole (ineligible for geriatric parole) (Judge can use discretion to suspend portion of life sentence unless the victim was a police officer)

Washington[]

Offense Mandatory sentence
Second Degree Murder Maximum of life without parole (standard sentence without criminal record is 10-18 years)
First Degree Murder Maximum of life without parole (standard sentence without criminal record is 20-26 years)
Aggravated First Degree Murder Life without parole

West Virginia[]

Source:[30]

Offense Mandatory sentencing
Second Degree Murder 10–40 years
First Degree Murder Life without parole or life (minimum of 15 years)

Wisconsin[]

Offense Mandatory sentencing
First Degree Reckless Homicide or Second Degree Intentional Homicide 15 - 60 years
First Degree Intentional Homicide Life without parole or life (minimum of no less than 20 years)

Wyoming[]

Source:[31]

Offense Mandatory sentencing
Manslaughter Maximum of 20 years in prison
Second Degree Murder Minimum of 20 years and maximum of life
First Degree Murder Death (aggravating circumstances), life without parole, or life (can be paroled by governor)

References[]

  1. ^ 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.
  2. ^ Cohen, Andrew (26 June 2012). "If You Think Monday Was Bad at the Supreme Court ..." The Atlantic. Retrieved 26 June 2012.
  3. ^ "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.
  4. ^ "10 USC § 918 - Art. 118. Murder | LII / Legal Information Institute". Law.cornell.edu. Retrieved 2012-08-02.
  5. ^ "D.C. Law Library - § 22–2104. Penalty for murder in first and second degrees". code.dccouncil.us. Retrieved 2020-10-08.
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  7. ^ alabamacriminalandfamilylawyerblog.com
  8. ^ "Alaska Statutes: AS 12.55.125. Sentences of Imprisonment For Felonies". Touchngo.com. Retrieved 2012-08-02.
  9. ^ "Arizona Vehicular Crimes - Phoenix AZ Criminal Lawyers - Gillespie Law Firm". Craiggillespie.com. Retrieved 2012-08-02.
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  11. ^ "CA Codes (pen:187-199)". Leginfo.ca.gov. 1997-01-01. Archived from the original on 2009-05-12. Retrieved 2012-08-02.
  12. ^ {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}}
  13. ^ "2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 3 - :: Offenses Against the Person :: Part 1 - :: Homicide and Related Offenses :: § 18-3-102. Murder in the first degree". Justia Law. Retrieved 2021-02-14.
  14. ^ "782.04(2)". Florida legislature.
  15. ^ "Indiana Death Penalty Laws". Clarkprosecutor.org. Retrieved 2012-08-02.
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  17. ^ "Mandatory life without parole for juveniles: A state-by-state look at sentencing". The Wasshington times. Associated press. July 31, 2017.
  18. ^ "Michigan Legislature - 328-1931-XLV =Legislature.mi.gov". 2010-10-31. Retrieved 2012-08-02.
  19. ^ "Michigan Legislature - Section 791.234". www.legislature.mi.gov. Retrieved 2019-12-04.
  20. ^ "Michigan Legislature - Section 769.25". www.legislature.mi.gov. Retrieved 2019-12-04.
  21. ^ "New Hampshire Statutes - Table of Contents". Gencourt.state.nh.us. Retrieved 2012-08-02.
  22. ^ "New Hampshire Statutes, Sec. 630:4 Causing or Aiding Suicide". New Hampshire General Court. Retrieved 18 July 2017.
  23. ^ 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.
  24. ^ "Oklahoma Pardon and Parole Board sets guidelines making more inmates eligible to apply for sentence reversal". 17 August 2015.
  25. ^ "2010 Tennessee Code :: Title 40 - Criminal Procedure :: Chapter 35 - Criminal Sentencing Reform Act of 1989 :: :: Part 1 - General Provisions :: :: 40-35-112 - Sentence ranges". Justia Law. Retrieved 2021-02-13.
  26. ^ "51 Years: The New Life Without Parole". 8 July 2014.
  27. ^ "PENAL CODE CHAPTER 12. PUNISHMENTS". Statutes.legis.state.tx.us. Retrieved 2012-08-02.
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  29. ^ "First and second degree murder defined; punishment". Retrieved 1 August 2012.
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  31. ^ "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[]

External links[]

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