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.
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 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
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
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, maximum of life without parole
First Degree Murder
Death, 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.
Life (parole eligible after 15 years, eligible after 10 years for offenses committed before October 1, 1992) or any number of years[16]
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.[17]
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 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 of 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 of 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 or life without parole
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
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.[19][20]
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 parole eligibility after serving 85% of the actual sentence. Maximum of 30 years to life or life without parole
Murder (with aggravating circumstances)
Life 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
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 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
Murder committed under "extreme emotional disturbance"
Maximum of 20 years
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 or committed with sexual motivation)
30 years to life and up to life without parole
Aggravated Murder
Life without parole, 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, life without parole, or life with parole eligibility after 38 years however, suspension of sentence is possible
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 however with possibility of getting sentence commuted by governor
First Degree Murder
Death or Life without parole however with possibility of getting sentence commuted by governor
Rhode Island
Offense
Mandatory sentence
Second Degree Murder
Life (parole eligibility after 25 years; parole eligibility after 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; parole eligibility after 20 years if crime was committed before July 1, 2015)
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
South Dakota
Offense
Mandatory sentencing
First Degree Manslaughter
Maximum of life without parole
Second Degree Murder
Life without parole
First Degree Murder
Death or life without parole
Tennessee
Offense
Mandatory sentencing
Second Degree Murder
15-60 years
First Degree Murder
Death, life without parole, or life (minimum of 51 years)[21]
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.) 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 (if the defendant has no criminal record)
First Degree Murder
20 years to life. Standard sentence without criminal record is 20–26 years. Special circumstances may increase the number of years to an equivalent sentence of life imprisonment