List of punishments for murder in the United States
, as defined in common law countries, is the unlawful killing of another human being with intent, and generally this state of mind distinguishes murder from other forms of unlawful homicide. 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.
Federal
Civilian
Source:Offense | Mandatory sentencing |
Second degree murder | Life without parole or any other term |
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:Offense | Mandatory sentencing |
Murder under UCMJ Article 118 Clause or | Any legal punishment as directed by the court-martial |
Murder under UCMJ Article 118 Clause or | Death penalty or life imprisonment |
District of Columbia
Source:Offense | Mandatory sentencing |
Second degree murder | 20–40 years |
Second degree murder with aggravating circumstance | Between 20 years and life |
First degree | 30–60 years |
First degree murder with aggravating circumstance | Between 30 years and life without parole |
Murder of a law enforcement officer | Life without parole |
By states
Alabama
Source:Offense | Mandatory sentencing |
Manslaughter | 2–20 years |
Murder | 10–99 years or life with parole |
Capital Murder | Death or Life without parole |
Alaska
Source: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 |
Arizona
Source: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
California
Source: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 |
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
Connecticut
Delaware
Florida
Source: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
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
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Source:Offense | Mandatory sentencing |
Manslaughter | 1–20 years |
Felony Murder | 1–35 years |
Murder | Life without parole or no less than 25 years |
Maryland
Massachusetts
Michigan
Source:Offense | Mandatory sentencing |
Second Degree Murder | Life 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 at least 60 years. |
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
Source: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. |
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
New Mexico
New York
North Carolina
North Dakota
Ohio
Ohio differentiates between "Aggravated Murder" and "Murder." Aggravated Murder consists of purposely causing the death of another 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 9 months to 3 years |
Voluntary Manslaughter | 3 to 11 years |
Murder | 15 years to life |
Murder | 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 | Death, Life without Parole, Life with Possibility of Parole after 25 or 30 years |
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Source: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 |
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
Washington
West Virginia
Source:Offense | Mandatory sentencing |
Second Degree Murder | 10–40 years |
First Degree Murder | Life without parole or 15 years to life |
Wisconsin
Wyoming
Source:Offense | Mandatory sentencing |
Second Degree Murder | Life with parole or not less than 20 years |
First Degree Murder | Death, life without parole, or life |