|5 to 99 years or life (possibility of parole after at least 30 years | If sentencing is less than 30 years, person will serve half the sentence before parole.)
|5 to 99 years or life (possibility of parole after at least 30 years. If sentencing is less than 30 years, person will serve half the sentence before parole.)
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.
(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
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 death penalty (if found with a mental illness minimum of 45 years to life and on probation on a life time
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
Life (Parole eligible after 15 years, eligible after 10 years for offenses committed before October 1, 1992) or any number of years
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 60 years.
Minnesota
Offense
Mandatory sentencing
Third Degree Murder
Maximum of 25 years
Second Degree Murder
Maximum of 40 years
First Degree Murder
Life without parole or 30-life
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
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
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.[15][16]
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.
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
Imprisonment no less than of 30 years or life (minimum of 30 years)
First Degree Murder with special circumstances
Life without parole or Life (minimum of 30 years)
New York
Second degree murder in NY state may be premeditated but without special sircumstances
Offense
Mandatory sentencing
Second Degree Murder
Minimum: 15 years to life, Maximum: 25 years to life
First Degree Murder
Minimum: 20 years to life, 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
First Degree Murder
Death Penalty or Life without parole
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 years)
South Carolina
Offense
Mandatory sentencing
Involuntary Manslaughter
Maximum of 5 years
Voluntary Manslaughter
Maximum of 30 years
Murder
Death, Life without parole, or no less than 30 years
Aggravated Murder
Death, Life without parole, or 25–50 years to life
South Dakota
Offense
Mandatory sentencing
Second Degree Murder
Life Without Parole
First Degree Murder
Death or Life without parole
Tennessee
Offense
Mandatory sentencing
Second Degree Murder
Imprisonment for not less than 15 years nor more than 60.
5 to 99 years or life (possibility of parole after at least 30 years. If sentencing is less than 30 years, person will serve half the sentence before parole.)
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
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.)
Capital Murder
Death Penalty or Natural Life (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