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How Many Years for Second Degree Murder? Sentences by State (2026)

Independently fact-checked Law current as of August 9, 2026By Recording Law Editorial TeamPublished May 7, 2023Reviewed August 5, 202613 min read

Independently fact-checked against primary sources (last audited August 5, 2026). · Law checked current as of August 9, 2026. · 27 primary sources cited on this page. How we verify our legal content

How Many Years for Second Degree Murder? Sentences by State (2026)

Key Takeaways

1Second degree murder sentences range from as few as 4 years in Illinois to mandatory life without parole in Louisiana and Pennsylvania. There is no single national standard.
2At the federal level, second degree murder (18 U.S.C. § 1111) carries a sentence of any term of years up to life, with sentencing guidelines recommending roughly 19.6 to 24.4 years for first-time offenders.
3A common state sentencing range is 15 years to life, but the sentence imposed is not the time served: state prisoners released in 2018 after a murder conviction had served an average of 58% of their imposed sentence, according to the Bureau of Justice Statistics.
4Aggravating factors like firearm use can dramatically increase sentences. California adds 10 to 25 years to life on top of the base sentence for gun enhancements.
5After Miller v. Alabama (2012), mandatory life-without-parole sentences for juveniles convicted of homicide are unconstitutional. Jones v. Mississippi (2021) later held that a judge need not find a juvenile permanently incorrigible before imposing a discretionary LWOP sentence.

Second degree murder sentences range from 4 years in Illinois to mandatory life without parole in Louisiana and Pennsylvania. At the federal level, 18 U.S.C. § 1111 carries any term up to life, with sentencing guidelines recommending roughly 19.6 to 24.4 years for first-time offenders.

Last updated: August 4, 2026

Second degree murder is one of the most serious criminal charges in the United States, but the sentence it carries varies enormously depending on where the crime occurs. A conviction can mean as few as 4 years in prison in Illinois or mandatory life without parole in Louisiana and Pennsylvania.

This guide provides a complete breakdown of second degree murder sentences in every state, the federal system, and the factors that push sentences higher or lower. If you need background on what the charge actually means, see our full guide on what is second degree murder.

Federal Second Degree Murder Sentencing

Under 18 U.S.C. § 1111, any murder that does not meet the criteria for first degree murder is classified as second degree murder. The federal statute defines murder as "the unlawful killing of a human being with malice aforethought."

murder: stack of court documents held together with a binder clip

Statutory Penalty

The federal penalty for second degree murder is imprisonment for any term of years or for life. There is no statutory mandatory minimum at the federal level, giving judges significant discretion.

Second degree murder is not a capital offense under federal law. Only first degree murder is death-eligible under § 1111(b), so the federal death-penalty sentencing factors have no application to a second degree murder conviction.

Federal Sentencing Guidelines

The U.S. Sentencing Commission guidelines (USSG § 2A1.2) set a base offense level of 38 for second degree murder. The guideline text reads simply: "(a) Base Offense Level: 38."

Applying the 2025 Sentencing Table, offense level 38 produces these ranges:

Criminal History Category	Recommended Range
Category I (first offender)	235–293 months (19.6–24.4 years)
Category II	262–327 months (21.8–27.3 years)
Category III	292–365 months (24.3–30.4 years)
Category IV	324–405 months (27–33.8 years)
Category V	360 months–life (30 years–life)
Category VI	360 months–life (30 years–life)

These are guidelines, not mandatory. Judges can depart upward or downward based on the circumstances of the case.

Second Degree Murder Sentences by State

Sentencing for second degree murder varies dramatically across the country. The tables below summarize every state's approach. For information on how life sentences work in each state, see our state-by-state life sentence guide.

States with the Harshest Sentences

State	Statute	Sentence	Parole Eligible?
Louisiana	RS 14:30.1	Mandatory life without parole	No
Pennsylvania	18 Pa.C.S. § 1102	Mandatory life	No (adults)
South Dakota	§ 22-16-7; § 22-16-12; § 22-6-1	Mandatory life (§ 22-16-12 makes it a Class B felony, which carries life, and "a lesser sentence may not be given")	No. SDCL 24-15-4 bars parole on any life sentence, with a narrow exception for people sentenced as juveniles
South Carolina	§ 16-3-20	30 years to life	No good time credits
New Jersey	2C:11-3	30 years to life	After 30 years

South Dakota is the state most often misunderstood on this page. Because SDCL 24-15-4 provides that "no inmate sentenced to life imprisonment is eligible for parole," a life sentence there means life, and parole eligibility does not simply "vary" for adults.

States with Indeterminate Sentences (X Years to Life)

State	Statute	Sentence Range	Parole After
California	Penal Code § 190	15 years to life	15 years
New York	Penal Law § 125.25	Indeterminate: minimum 15–25 years, maximum life	After court-set minimum (15–25 years)
Ohio	ORC § 2903.02	15 years to life	15 years
Hawaii	HRS § 707-701.5	Life with parole	Varies
Massachusetts	Ch. 265 § 2	Life with parole	15–25 years
Michigan	MCL 750.317	Any term of years or life	Court discretion
Nebraska	§ 28-304	20 years to life	20 years
Nevada	NRS 200.030	Life with parole after 10 years, or 25 years with parole after 10	10 years
Oregon	ORS § 163.115	Life with 25-year minimum	25 years
Rhode Island	§ 11-23-2	Not less than 10 years, and life is available	10 years on a term of years; 25 years on a life sentence for offenses committed after July 1, 2015
Vermont	13 VSA § 2303	Life with 20-year minimum	20 years
Delaware	Title 11 § 635	15 years to life	15 years
Idaho	§ 18-4004	10 years to life	10 years
Maine	Title 17-A	25 years to life	25 years
Oklahoma	21 § 701.9	10 years to life	10 years
Wyoming	§ 6-2-104	20 years to life	20 years

Watch out, Rhode Island: The 10-year figure in § 11-23-2 is the floor of the sentence, not the wait for parole. If the court imposes life, R.I. Gen. Laws § 13-8-13 sets parole eligibility at a minimum of 25 years for murders committed after July 1, 2015 (20 years for offenses after June 30, 1995, and 15 years for offenses after July 10, 1989). Treating the statutory 10-year minimum as a parole date understates the wait by 15 years for anyone serving the life end of the range under current law.

States with Determinate Sentence Ranges

State	Statute	Sentence Range	Notes
Florida	§ 782.04	Up to life	No parole (post-1983 offenses)
Texas	Penal Code § 19.02	5–99 years or life	"Sudden passion": 2–20 years
Illinois	720 ILCS 5/9-2	4–20 years	Probation possible; lowest range nationally
North Carolina	G.S. § 14-17	Up to life without parole	Depends on prior record level
Georgia	OCGA § 16-5-1	10–30 years	Second degree only for child cruelty deaths
Indiana	IC 35-42-1-1	45–65 years	LWOP with aggravating circumstances
Tennessee	§ 39-13-210	15–60 years	Depends on offender classification
Alabama	§ 13A-6-2	10–99 years or life	No degree system; single murder charge
Alaska	AS 11.41.110	10–99 years	20–99 years if victim under 16
Arizona	ARS § 13-1104	10–25 years (presumptive 16)	LWOP for child victim
Arkansas	§ 5-10-103	6–30 years	Fine up to $15,000
Colorado	§ 18-3-103	16–48 years + 5-year mandatory parole	Heat of passion: 4–12 years
Iowa	§ 707.3	Up to 50 years	Must serve 70% before parole
Kansas	§ 21-5403	12.5–54 years (intentional); 9–41 years (unintentional)	Grid-based on criminal history
Maryland	CR § 2-204	Up to 40 years	No parole for up to 20 years
Minnesota	§ 609.19	Up to 40 years	Guidelines: 12.5 years for first offender
Mississippi	§ 97-3-19	20–40 years (or life by jury)	Jury may impose life
Missouri	§ 565.021	10–30 years or life	Class A felony
Montana	§ 45-5-102	10–100 years or life	Mitigated: 2–40 years
New Hampshire	RSA 630:1-b	Life or any term of years	Typically 20–40 years imposed
New Mexico	§ 30-2-1; § 31-18-15 (SB 96, 2024)	18 years (basic sentence)	Raised from 15 to 18 years by SB 96 (2024); court may alter the basic sentence by up to one-third for aggravating or mitigating circumstances (§ 31-18-15.1)
North Dakota	12.1-16-01	Up to 20 years	"Extreme emotional disturbance" murder
Virginia	§ 18.2-32	5–40 years	One of the broader ranges
Washington	RCW 9A.32.050	Grid-based; varies by criminal history	Class A felony
West Virginia	§ 61-2-3	15–60 years	No parole before 15 years served, or the § 62-12-13 minimum, whichever is greater
Wisconsin	§ 940.05	Up to 60 years	"Second-degree intentional homicide," a Class B felony; the statute sets no mandatory minimum
D.C.	§ 22-2104	Up to life	Sentences over 40 years need special findings

West Virginia changed. The current text of W. Va. Code § 61-2-3 provides that "murder of the second degree shall be punished by a definite term of imprisonment in the penitentiary which is not less than 15 nor more than 60 years," and bars parole "prior to having served a minimum of 15 years." Older sources still circulating a 10-to-40-year range describe superseded law.

Wisconsin has no statutory floor. Second-degree intentional homicide under § 940.05 is a Class B felony, and § 939.50(3)(b) caps a Class B felony at "imprisonment not to exceed 60 years." The statute states no minimum term, so any figure you see presented as a Wisconsin mandatory minimum does not come from the statute itself.

New Mexico changed in 2024. Senate Bill 96 (Laws 2024, ch. 51) raised the basic sentence for "a second degree felony resulting in the death of a human being" from 15 to 18 years, and the current NMSA 31-18-15(A) table on the state's official compilation confirms the 18-year figure. The 18 years is a single basic sentence, not a range: under NMSA 31-18-15.1, a judge may alter it by up to one-third after finding aggravating or mitigating circumstances, and firearm use is handled by a separate enhancement statute rather than as an aggravating circumstance. Older sources still listing 15 years describe superseded law.

States Without Traditional "Second Degree Murder"

Several states do not use the first/second degree classification for murder. If your state appears here, searching for a "second degree murder sentence" will not give you the right number.

Texas uses "capital murder," "murder," "manslaughter," and "criminally negligent homicide" instead of numbered degrees
Alabama has a single "murder" charge (Class A felony, 10–99 years or life)
Kentucky uses "murder" and "manslaughter" with its own degree system
Connecticut has no second degree murder charge at all. The Connecticut General Statutes, chapter 952 list § 53a-54a simply as "Murder," alongside separate offenses of murder with special circumstances (§ 53a-54b), felony murder (§ 53a-54c), and arson murder (§ 53a-54d). None of these is a "degree." For the authorized term, read § 53a-35a in the same chapter
Georgia reserves second-degree murder only for deaths from child cruelty; primary charges are "malice murder" and "felony murder"

For a complete comparison of how states classify homicide offenses, see our guide to murder laws in the United States.

Factors That Increase Second Degree Murder Sentences

Courts consider multiple aggravating factors that can push sentences well above the standard range.

Firearm Enhancements

Firearm use during a murder dramatically increases the sentence in most states:

State	Enhancement	Effect
California	PC § 12022.53	+10 years (use), +20 years (discharge), +25-to-life (death)
Florida	10-20-Life Law	Mandatory 25 years to life with firearm
Federal	USSG § 2A1.2	Included in base offense level

Other Aggravating Factors

Prior criminal history. Repeat offenders face enhanced sentences. California's three strikes law counts second-degree murder as both a "serious" and "violent" felony strike.
Victim was a law enforcement officer. California imposes 25 years to life. New Jersey imposes life without parole.
Victim was a child. Ohio increases the sentence to 30 years to life for victims under 13 with sexual motivation. Alaska increases to 20–99 years for victims under 16. Arizona imposes LWOP for child victims under 15.
Victim was elderly or disabled. Treated as an aggravating factor in sentencing in many jurisdictions.
Extreme cruelty. Courts may depart upward from guidelines when the crime involved unusual brutality.
Multiple victims. Sentences typically run consecutively rather than concurrently, which is how aggregate sentences can far exceed the maximum for any single count.

Factors That Decrease Second Degree Murder Sentences

Mitigating factors can significantly reduce sentences below the standard range.

Heat of Passion / Provocation

Several states treat heat-of-passion killings as a mitigating circumstance that reduces the charge or sentence:

Colorado reduces the charge from a Class 2 felony (16–48 years) to a Class 3 felony (4–12 years)
Illinois treats second degree murder itself as the mitigated form of first degree murder, carrying just 4–20 years
Texas reduces the penalty from a first-degree felony (5–99 years) to a second-degree felony (2–20 years) when "sudden passion" is proven

Other Mitigating Factors

No prior criminal history. First-time offenders receive significantly lower sentences. Minnesota's guidelines recommend just 12.5 years for first offenders.
Mental illness or emotional disturbance. New York and North Dakota explicitly recognize "extreme emotional disturbance" as reducing the charge.
Defendant's age. Youth is a constitutional mitigating factor per Supreme Court precedent.
Cooperation with authorities. Substantial assistance can reduce sentences.
Substance abuse at the time of the offense. Courts may consider this in determining culpability.

How Second Degree Murder Compares to Other Charges

Understanding the differences between murder, homicide, and manslaughter is critical, because the charge determines the sentence range. For a detailed breakdown of murder classifications, see our guide to first, second, and third degree murder.

Charge	Typical Sentence	Key Distinction
First Degree Murder	25 years to life, LWOP, or death	Premeditated and deliberate
Second Degree Murder	4–40+ years or life	Intentional but not premeditated, or extreme recklessness
Third Degree Murder (FL, PA, MN only)	10–40 years	Depraved-heart or unintentional during felony
Voluntary Manslaughter	3–15 years	Heat of passion with adequate provocation
Involuntary Manslaughter	2–10 years	Unintentional killing through criminal negligence

Only three states, Florida, Minnesota, and Pennsylvania, recognize a separate third degree murder charge. In most states, conduct that might be "third degree" elsewhere falls under second degree murder or manslaughter.

Recent Notable Cases and Sentences

Derek Chauvin, Minnesota (2021)

Former Minneapolis police officer Derek Chauvin was convicted of second-degree unintentional murder for the death of George Floyd. The sentencing court found that Chauvin treated Floyd with particular cruelty, which supported a sentence above Minnesota's guideline recommendation of 12.5 years, and imposed 22.5 years.

Chauvin later pleaded guilty to federal civil rights charges and received a 21-year sentence to be served concurrently with the state sentence.

Source: U.S. Department of Justice

Karen Read, Massachusetts (2024–2025)

Karen Read was charged with second-degree murder in the death of Boston police officer John O'Keefe. Her first trial ended in a mistrial due to a hung jury in 2024. Her second trial in June 2025 resulted in acquittal on both murder and manslaughter charges. She was convicted only of DUI.

The case drew national attention for questions about police involvement and evidence handling, illustrating how second-degree murder charges can be difficult to prove.

Colin Gray, Georgia (2026)

A Georgia jury convicted Colin Gray on March 3, 2026 of two counts of second-degree murder, plus involuntary manslaughter, second-degree cruelty to children, and reckless conduct counts, in connection with the 2024 Apalachee High School shooting carried out by his son. The court sentenced him to 15 years in prison on July 30, 2026.

The case is significant because prosecutors used a state second-degree murder statute to connect a parent's own criminal negligence to deaths caused by their child, rather than because of any sentencing record.

How Long Do People Actually Serve?

The sentence imposed is not the same as the time actually served. According to the Bureau of Justice Statistics, state prisoners released in 2018 served an average of 58% of their imposed sentence for murder convictions.

That percentage is the figure BJS actually publishes for this population. Be cautious with the round "average years served" numbers that circulate for murder, because outcomes vary enormously by state:

A person sentenced to 15-to-life in California may serve 15 to 20 years before a parole hearing
A person sentenced to mandatory life in Louisiana will never be released
A person sentenced to 4 to 20 years in Illinois may serve considerably less than the full term with good-time credits

The Council on Criminal Justice reports that the United States imposes the longest average sentences for homicide among nations, at 40.6 years on average.

Juvenile Sentencing for Second Degree Murder

Juvenile sentencing for murder has undergone dramatic changes following a series of Supreme Court decisions.

Key Supreme Court Rulings

Miller v. Alabama (2012). The Court held that mandatory life-without-parole sentences for juveniles convicted of homicide violate the Eighth Amendment. Sentencing courts must consider a child's "diminished culpability and heightened capacity for change."

Source: Miller v. Alabama, Cornell Law

Montgomery v. Louisiana (2016). The Court ruled that Miller applies retroactively, requiring resentencing for juveniles previously given mandatory LWOP sentences.

Source: Montgomery v. Louisiana, Cornell Law

Jones v. Mississippi (2021). The Court scaled back Miller's protections in a 6-3 decision, holding that "[i]n the case of a defendant who committed a homicide when he or she was under 18, Miller and Montgomery do not require the sentencer to make a separate factual finding of permanent incorrigibility before sentencing the defendant to life without parole. In such a case, a discretionary sentencing system is both constitutionally necessary and constitutionally sufficient."

Source: Jones v. Mississippi, Cornell Law

Current State of Juvenile LWOP

A majority of states have now abolished juvenile life without parole by statute, and the number keeps moving as legislatures act. Because that count changes from session to session, check the current status for your state against the Campaign for the Fair Sentencing of Youth's state tracker rather than relying on a number published in an earlier year.

Two practical points survive every legislative change. A juvenile facing a homicide charge cannot receive a mandatory LWOP sentence anywhere in the country after Miller. And under Jones, a discretionary LWOP sentence remains constitutionally available in states that have not banned it, without any separate finding that the child is beyond rehabilitation.

Frequently Asked Questions

How many years do you get for second degree murder?

Sentences vary dramatically by state. A common range is 15 years to life, but it can be as low as 4 years in Illinois or as harsh as mandatory life without parole in Louisiana and Pennsylvania. At the federal level, sentencing guidelines recommend approximately 19.6 to 24.4 years for a first-time offender.

Can you get life in prison for second degree murder?

Yes. Multiple states impose life sentences for second degree murder. Louisiana and Pennsylvania impose mandatory life without parole. California, Ohio, New York, and other states use indeterminate sentences of 15 years to life or 25 years to life, meaning a life sentence is possible depending on parole decisions.

How long do you actually serve for second degree murder?

The Bureau of Justice Statistics reports that state prisoners released in 2018 after a murder conviction had served about 58% of their imposed sentences on average. BJS publishes that percentage rather than a single national average number of years. Actual time served depends on your state's parole laws, good-time credit policies, and individual parole decisions.

Can you get probation for second degree murder?

In most states, no. Illinois is a notable exception. Second degree murder in Illinois is a Class 1 felony carrying 4 to 20 years, and probation is technically possible. In virtually all other states, prison time is mandatory for any murder conviction.

What is the difference between first and second degree murder sentencing?

First degree murder requires premeditation and carries harsher penalties, typically 25 years to life, life without parole, or the death penalty in states that have it. Second degree murder involves intentional killing without premeditation or extreme recklessness, and usually carries 15 years to life or a determinate range. The key difference is planning, because first degree murder was planned in advance.

What happens to juveniles convicted of second degree murder?

After Miller v. Alabama (2012), mandatory life-without-parole sentences for juveniles convicted of homicide are unconstitutional, and courts must consider the defendant's youth and capacity for change. Jones v. Mississippi (2021) held that a judge need not separately find a juvenile permanently incorrigible before imposing a discretionary LWOP sentence. Many states have since abolished juvenile LWOP entirely, so check your state's current law.

How many years is second degree murder in West Virginia?

West Virginia Code 61-2-3 currently sets second degree murder at a definite term of not less than 15 nor more than 60 years, and bars parole before the person has served at least 15 years, or the minimum required by section 62-12-13, whichever is greater. Older sources citing a 10-to-40-year range describe superseded law.

Does using a gun increase the sentence for second degree murder?

Significantly. In California, using a firearm adds 10 to 25 years to life on top of the base 15-to-life sentence under Penal Code 12022.53. In Florida, the 10-20-Life law imposes a mandatory 25 years to life when a firearm is used. Most states have similar mandatory consecutive enhancements for firearm use during a homicide.

Updates

August 9, 2026

Governing law re-checked for recent changes

August 5, 2026

Corrected West Virginia's second degree murder sentence to 15 to 60 years with a 15-year parole bar under the current statute, fixed Rhode Island's parole figure (a life sentence requires 25 years served for offenses after July 1, 2015, not 10), corrected Wisconsin's range and South Dakota's parole status, and removed Connecticut from the second-degree tables because Connecticut has no second degree murder charge. Also removed several statistics that the cited sources do not actually support and updated the Colin Gray case with his July 2026 sentencing. Confirmed New Mexico's 2024 increase of the second degree murder basic sentence from 15 to 18 years (SB 96) against the enacted law and the current official compilation, and repaired the Louisiana citation so it links the second degree murder statute itself.

August 5, 2026

Independently fact-checked against the cited primary sources

The Law Behind This Article

This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.

California Penal Code

§ 190In forcecited in 3 of our articles

(a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life. The penalty to be applied shall be determined as provided in Sections 190.1, 190.2, 190.3, 190.4, and 190.5. Except as provided in subdivision (b), (c), or (d), every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 15 years to life. (b) Except as provided in subdivision (c), every person guilty of murder in the second degree shall be punished by imprisonment in the state prison for a term of 25 years to life if the victim was a peace officer, as defined in subdivision (a) of Section 830.1, subdivision (a), (b), or (c) of Section 830.2, subdivision (a) of Section 830.33, or Section 830.5, who was killed while engaged in the performance of his or her duties, and the defendant knew, or reasonably should have known, that the victim was a peace officer engaged in the performance of his or her duties.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leginfo.legislature.ca.gov

Cited in 338 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

People v. Dillon (California Supreme Court 1983, 34 Cal. 3d 441)“…liberate and premeditated murder with malice aforethought. (Pen. Code, § 190 et seq.) As the record before us illust…”
People v. Edwards (California Supreme Court 1991, 54 Cal. 3d 787)“…p. 1255 et seq.) This statute, among other things, repealed Penal Code section 190 et seq. as those provisions then stood,…”
People v. Frierson (California Supreme Court 1979, 25 Cal. 3d 142)“…concede that a decision on the constitutionality of former Penal Code section 190 et seq. [1] is not necessary "to dispo…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: How Long Is a Life Sentence in California? (2026 Guide), Murder Sentencing Guidelines: Min & Max Prison Time by State (2026)

Official Code of Georgia Annotated

§ 16-5-1Murder; malice murder; felony murder; murder in the second degree.In forcecited in 2 of our articles

(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being. (b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external…

Official text (excerpt) · last checked 2021-08-17 · Read the full text in our law library

Cited in 758 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

State v. Jackson (Supreme Court of Georgia 2010, 287 Ga. 646)“…any other provision in OCGA § 16-2-20. By reinterpreting OCGA § 16-5-1 (c) to authorize defendants such as app…”
Kirby v. State (Supreme Court of Georgia 2018, 304 Ga. 472)“…cted with "malice aforethought, either express or implied." OCGA § 16-5-1 (a). See also id. (b) (defining expre…”
Jackson v. State (Supreme Court of Georgia 2003, 276 Ga. 408)“…574 for both felony murder and involuntary manslaughter, OCGA §§ 16-5-1(c), 16-5-3, guilty verdicts on these of…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: How Long Is a Life Sentence in Georgia? (2026 Guide)

Louisiana Revised Statutes

§ 14:30.1Second degree murderIn forcecited in 3 of our articles

A. Second degree murder is the killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2) When the offender is engaged in the perpetration or attempted perpetration of aggravated or first degree rape, forcible or second degree rape, aggravated arson, aggravated burglary, aggravated kidnapping, second degree kidnapping, aggravated escape, resisting a police officer with force or violence, assault by drive-by shooting, armed robbery, first degree robbery, second degree robbery, simple robbery, cruelty to juveniles, second degree cruelty to juveniles, cruelty to the elderly and persons with infirmities, or terrorism, even though he has no intent to kill or to inflict great bodily harm. (3) When the offender unlawfully distributes or dispenses a controlled dangerous substance listed in Schedules I through V of the Uniform Controlled Dangerous Substances Law, or any combination thereof, which is the direct cause of the death of the recipient who ingested or consumed the controlled dangerous substance.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.la.gov

Cited in 2,412 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

State v. Graham (Supreme Court of Louisiana 1982, 420 So. 2d 1126)“…r a trial by jury, of second degree murder, in violation of La.R.S. 14:30.1. He was sentenced to life imprisonment…”
State v. Higgins (Supreme Court of Louisiana 2005, 898 So. 2d 1219)“…of parole, probation, or suspension of sentence pursuant to La. R.S. 14:30.1. Facts and Procedural History On…”
State v. Wommack (Louisiana Court of Appeal 2000, 770 So. 2d 365)“…ted second degree murder, a violation of La. R.S. 14:27 and La.R.S. 14:30.1. Subsequently, on June 14, 1999, the di…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: How Long Is a Life Sentence in Louisiana? (2026 Guide)

Michigan Compiled Laws

§ 750.317Second degree murder; penaltyIn forcecited in 5 of our articles

Second degree murder--All other kinds of murder shall be murder of the second degree, and shall be punished by imprisonment in the state prison for life, or any term of years, in the discretion of the court trying the same.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.mi.gov

Cited in 1,444 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

People v. Hampton (Michigan Supreme Court 1979, 407 Mich. 354)“…nd defendant guilty of second-degree murder on both counts, MCL 750.317; MSA 28.549, the judge ordered that the…”
People v. Reese (Michigan Supreme Court 2012, 491 Mich. 127)“…this Court, our opinion today does not disturb them. 2 MCL 750.317. 3 MCL 750.321. 4 In addition to…”
People of Michigan v. Dawn Marie Dixon-Bey (Michigan Court of Appeals 2017)“…t-day jury trial, was found guilty of second-degree murder, MCL 750.317. She was sentenced to 35 to 70 years in…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: How Long Is a Life Sentence in Michigan? (2026 Guide), First, Second, and Third Degree Murder: Key Differences

Minnesota Statutes, Chapter 609: CRIMINAL CODE

§ 609.19MURDER IN THE SECOND DEGREEIn forcecited in 2 of our articles

Subdivision 1. Intentional murder; drive-by shootings. Whoever does either of the following is guilty of murder in the second degree and may be sentenced to imprisonment for not more than 40 years: (1) causes the death of a human being with intent to effect the death of that person or another, but without premeditation; or (2) causes the death of a human being while committing or attempting to commit a drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other than those described in section 609.185, paragraph (a), clause (3). Subd. 2. Unintentional murders.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov

Cited in 470 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

State v. Griller (Supreme Court of Minnesota 1998, 583 N.W.2d 736)“…d Griller to 480 months, the maximum sentence allowed under Minn.Stat. § 609.19 (1990). The court stated, “Frankly, if…”
State v. Cole (Supreme Court of Minnesota 1996, 542 N.W.2d 43)“…he elements of second-degree felony murder are set forth in Minn.Stat. § 609.19(2) (1994), which provides that whoever…”
State v. Anderson (Supreme Court of Minnesota 1985, 379 N.W.2d 70)“…Count 3: the intentional death of Rudolph Blythe, Minn.Stat. § 609.19(1) (Murder in Second Degree); Co…”

Identified automatically from the court opinions citing this section — not a ranking of which case controls.

Also relied on in: How Long Is a Life Sentence in Minnesota? (2026 Guide)

New Mexico Statutes Annotated 1978, Chapter 31

§ 31-18-15Sentencing authority; noncapital felonies; basic sentences and fines; parole authority; meritorious deductions.In forcecited in 7 of our articles

A. As used in a statute that establishes a noncapital felony, the following defined felony classifications and associated basic sentences of imprisonment are as follows: FELONY CLASSIFICATION BASIC SENTENCE first degree felony resulting in the death of a child life imprisonment first degree felony for aggravated criminal sexual penetration life imprisonment first degree felony eighteen years imprisonment second degree felony resulting in the death of a human being eighteen years imprisonment second degree felony for a sexual offense against a child fifteen years imprisonment second degree felony for sexual exploitation of children twelve years imprisonment second degree felony nine years imprisonment third degree felony resulting in the death of a human being six years imprisonment third degree felony for a sexual offense against a child six years imprisonment third degree felony for sexual exploitation of children eleven…

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com

Cited in 242 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

State v. Montoya (New Mexico Court of Appeals 2015, 7 N.M. 445)“…e death of the child is guilty of a first degree felony.”); NMSA 1978, § 31-18-15(A)(3) (2003) (stating that the basic se…”
State v. Smith (New Mexico Supreme Court 2004, 136 N.M. 372)“…ffender is guilty of a fourth degree felony, as provided in Section 31-18-15 NMSA 1978, and shall be sentenced to a jail term…”
State v. Frawley (New Mexico Supreme Court 2007, 143 N.M. 7)“…e for a third-degree felony is three years of imprisonment, NMSA 1978, § 31-18-15(A)(5) (1999, prior to amendments throug…”

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Also relied on in: New Mexico Hit and Run Laws: Statutes, Penalties, and Legal Duties, New Mexico Recording Laws (2026): One-Party Consent Rules, New Mexico Surveillance Camera Laws (2026 Guide)

§ 31-18-15.1Alteration of basic sentence; mitigating or aggravating circumstances; procedure.In force

A. The court shall hold a sentencing hearing to determine if mitigating or aggravating circumstances exist and take whatever evidence or statements it deems will aid it in reaching a decision to alter a basic sentence. The judge may alter the basic sentence as prescribed in Section 31-18-15 NMSA 1978 upon: (1) a finding by the judge of any mitigating circumstances surrounding the offense or concerning the offender; or (2) a finding by a jury or by the judge beyond a reasonable doubt of any aggravating circumstances surrounding the offense or concerning the offender. B. When the determination of guilt or innocence for the underlying offense is made by a jury, the original trial jury shall determine whether aggravating circumstances exist. If the offender waives a jury trial for the underlying offense, the offender retains the right to a jury determination of aggravating circumstances. If the offender waives a jury determination of aggravating circumstances, the basic sentence may be altered upon a finding by the judge beyond a reasonable doubt of any aggravating circumstances surrounding the offense or concerning the offender. C.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com

Cited in 98 court opinions in our collectionLatest citing opinion in our collection: 2025

Opinions citing this section in our collection:

State v. Clark (New Mexico Supreme Court 1989, 108 N.M. 288)“…e the basic eighteen-year sentence by as much as one-third, NMSA 1978, Section 31-18-15.1 (Repl.Pamp. 1987), and then decide whet…”
State v. Jernigan (New Mexico Supreme Court 2005, 139 N.M. 1)“…firming the enhancement of Defendant’s sentence pursuant to NMSA 1978, § 31-18-15.1 (1993). I would affirm both convictions…”
State v. Frawley (New Mexico Supreme Court 2007, 143 N.M. 7)“…stances surrounding the offense or concerning the offender, NMSA 1978, § 31-18-15.1(A) (1993), violates the federal constit…”

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New York Penal Law

§ 125.25Murder in the second degreeIn forcecited in 3 of our articles

Murder in the second degree. A person is guilty of murder in the second degree when: 1. With intent to cause the death of another person, he causes the death of such person or of a third person; except that in any prosecution under this subdivision, it is an affirmative defense that: (a) (i) The defendant acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. Nothing contained in this paragraph shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime. (ii) It shall not be a "reasonable explanation or excuse" pursuant to subparagraph (i) of this paragraph when the defendant's conduct resulted from the discovery, knowledge or disclosure of the victim's sexual orientation, sex, gender, gender identity, gender expression or sex assigned at birth; or (b) The defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov

Cited in 3,084 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

People v. Rivera (New York Court of Appeals 2014, 23 N.Y.3d 112)“…ndant Enrique Rivera was charged with second-degree murder (Penal Law § 125.25 [1]) and criminal possession of a weapo…”
People v. Cass (New York Court of Appeals 2012, 18 N.Y.3d 553)“…was charged with two counts of murder in the second degree (Penal Law § 125.25 [1], [2]), concerning the death by stra…”
People v. Feingold (New York Court of Appeals 2006, 7 N.Y.3d 288)“…enters, however, contended that the predecessor statutes to Penal Law § 125.25 (2) defined depraved indifference as a…”

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Also relied on in: How Long Is a Life Sentence in New York? (2026 Guide)

Ohio Revised Code

§ 2903.02MurderIn forcecited in 4 of our articles

(A) No person shall purposely cause the death of another or the unlawful termination of another's pregnancy. (B) No person shall cause the death of another as a proximate result of the offender's committing or attempting to commit an offense of violence that is a felony of the first or second…

Official text (excerpt) · last checked 2026-07-31 · Read the full text in our law library · Verify at codes.ohio.gov

Cited in 2,970 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

State v. Barnes (Ohio Supreme Court 2002, 94 Ohio St. 3d 21)“…y weapon or dangerous ordnance.” {¶ 17} In contrast, R.C. 2903.02(A) and 2923.02(A) define the offense of…”
State v. Johnson (Ohio Supreme Court 2010, 128 Ohio St. 3d 153)“…ose crimes are relevant to this appeal: felony murder under R.C. 2903.02(B) (based upon the predicate offense of…”
State v. Campbell (Ohio Supreme Court 2000, 90 Ohio St. 3d 320)“…ggravated murder with prior calculation and design. R.C. 2903.02, murder, is a lesser included offense o…”

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Also relied on in: How Long Is a Life Sentence in Ohio? (2026 Guide)

South Dakota Codified Laws, Chapter 22-16: HOMICIDE AND SUICIDE

§ 22-16-12Classification of murder.In force

Murder in the first degree is a Class A felony. Murder in the second degree is a Class B felony.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov

Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2021

Opinions citing this section in our collection:

State v. Lohnes (South Dakota Supreme Court 1982, 324 N.W.2d 409)“…ser Class B felony penalty applies to second-degree murder. SDCL 22-16-12. 1 SDCL 23A- *416 26-7 requires the…”
State v. Jensen (South Dakota Supreme Court 1998, 579 N.W.2d 613)“…ermined that first-degree murder, as a Class A felony under SDCL 22-16-12, should be punished by either a life se…”
State v. Kingston (South Dakota Supreme Court 1970, 84 S.D. 578)“…ter returning its verdict finding him guilty of the murder. SDCL 22-16-12 and 22-16-13. By SDCL 23-43-32(10) a ch…”

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§ 22-16-7Homicide as murder in the second degree.In forcecited in 2 of our articles

Homicide is murder in the second degree if perpetrated by any act imminently dangerous to others and evincing a depraved mind, without regard for human life, although without any premeditated design to effect the death of any particular person, including an unborn child.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov

Cited in 44 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

State v. Iron Shell (South Dakota Supreme Court 1983, 336 N.W.2d 372)“…t of conviction for murder in the second degree pursuant to SDCL 22-16-7. We affirm. On October 24, 1981, a pa…”
State v. Jenner (South Dakota Supreme Court 1990, 451 N.W.2d 710)“…Sue Jenner (Debra), with one count of second degree murder (SDCL 22-16-7) and one count of first degree manslaug…”
State v. Brings Plenty (South Dakota Supreme Court 1990, 459 N.W.2d 390)“…mminently dangerous to others and evincing a depraved mind (SDCL 22-16-7); (3) first-degree manslaughter in a he…”

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Also relied on in: How Long Is a Life Sentence in South Dakota? (2026 Guide)

South Dakota Codified Laws, Chapter 22-6: AUTHORIZED PUNISHMENTS

§ 22-6-1Felony classes and penalties--Restitution--Habitual criminal sentences.In forcecited in 8 of our articles

Except as otherwise provided by law, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction: (1) Class A felony: death or life imprisonment in a state correctional facility. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed; (2) Class B felony: life imprisonment in a state correctional facility. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed; (3) Class C felony: life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (4) Class 1 felony: fifty years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (5) Class 2 felony: twenty-five years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (6) Class 3 felony: fifteen years imprisonment in a state correctional facility.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov

Cited in 145 court opinions in our collectionLatest citing opinion in our collection: 2026

In the courts (editorial summary, independently checked):State v. Weiker (1983) read SDCL 22-6-1 Class 1 felony penalty, then life imprisonment, as a maximum rather than a mandatory term, and struck the resulting life sentences as disproportionate under the state constitution. State v. Chipps (2016) applied the section class maximums as the yardstick in gross disproportionality review.

Opinions citing this section in our collection:

State v. Moeller (South Dakota Supreme Court 1996, 548 N.W.2d 465)“…do so, the conviction for murder in the first degree under SDCL 22-6-1 would be life imprisonment in the state…”
State v. Weiker (South Dakota Supreme Court 1983, 342 N.W.2d 7)✓A man with three prior burglary convictions drew life without parole on three drug distribution counts as a habitual offender; the court read SDCL 22-6-1(2) as fixing life as the maximum, not a mandatory, Class 1 felony penalty and struck the sentences as disproportionate.
State v. Rice (South Dakota Supreme Court 2016, 2016 S.D. 18)✓Rice organized a robbery that ended in a fatal shooting and received 80 years with 20 suspended for first-degree manslaughter; the court used the life maximum SDCL 22-6-1 sets for a Class C felony as its yardstick and found the term not grossly disproportionate.

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Also relied on in: South Dakota Recording Laws (2026): One-Party Consent Rules, South Dakota Expungement Laws: Arrest Records, Suspended Imposition, and What You Can Clear, South Dakota AI Meeting Recording Laws (2026)

South Dakota Codified Laws, Chapter 24-15: PAROLES FROM STATE CORRECTIONAL FACILITIES

§ 24-15-4Inmate sentenced to life imprisonment ineligible for parole--Exception.In force

No inmate sentenced to life imprisonment is eligible for parole by the Board of Pardons and Paroles except as provided in §§ 24-15A-55 to 24-15A-68, inclusive.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov

Cited in 16 court opinions in our collectionLatest citing opinion in our collection: 2024

Opinions citing this section in our collection:

State v. Weiker (South Dakota Supreme Court 1983, 342 N.W.2d 7)“…sed upon him in this state. Were it not for the fact that SDCL 24-15-4 forecloses the Board of Pardons and Par…”
State v. Helm (South Dakota Supreme Court 1980, 287 N.W.2d 497)“…ecially). As Justice Henderson points out in his dissent, SDCL 24-15-4 precludes the Board of Pardons and Paro…”
Brim v. South Dakota Board of Pardons & Paroles (South Dakota Supreme Court 1997, 563 N.W.2d 812)“…issue as to whether there is a retrospective application of SDCL 24-15-4 (enacted in 1978 by 1978 SD Sess. L. ch…”

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Code of Virginia, Title 18.2: Crimes and Offenses Generally

§ 18.2-32First and second degree murder defined; punishmentIn forcecited in 4 of our articles

Murder, other than aggravated murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in § 18.2-31, is murder of the first degree, punishable as a Class 2 felony. All murder other than aggravated murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at law.lis.virginia.gov

Cited in 60 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

Wooden v. Commonwealth (Supreme Court of Virginia 1981, 222 Va. 758)“…cide to the defendant. Since malice is an element of Va. Code § 18.2-32 felony-murder, the Commonwealth’s posit…”
Edmonds v. Commonwealth (Supreme Court of Virginia 1985, 229 Va. 303)“…e of murder in the course of robbery, felony murder, under Va. Code Ann. § 18.2-32 .” Whether a killing was acciden…”
Vanegas v. Commonwealth (Court of Appeals of Virginia 1993, 17 Va. App. 451)“…VANEGAS feloniously did kill and murder Jennifer M. Ball. Va. Code Section 18.2-32; 18.2-10 *453 Code § 18.2-32 provide…”

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Also relied on in: How Long Is a Life Sentence in Virginia? (2026 Guide)

Wisconsin Statutes, Chapter 939: Crimes

§ 939.50Classification of felonies.In forcecited in 8 of our articles

(1) Felonies in the statutes are classified as follows: (a) Class A felony. (b) Class B felony. (c) Class C felony. (d) Class D felony. (e) Class E felony. (f) Class F felony. (g) Class G felony. (h) Class H felony. (i) Class I felony. (2) A felony is a Class A, B, C, D, E, F, G, H, or I felony when it is so specified in the statutes. (3) Penalties for felonies are as follows: (a) For a Class A felony, life imprisonment. (b) For a Class B felony, imprisonment not to exceed 60 years. (c) For a Class C felony, a fine not to exceed $100,000 or imprisonment not to exceed 40 years, or both. (d) For a Class D felony, a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both. (e) For a Class E felony, a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both. (f) For a Class F felony, a fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both. (g) For a Class G felony, a fine not to exceed $25,000 or imprisonment not to exceed 10 years, or both. (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov

Cited in 95 court opinions in our collectionLatest citing opinion in our collection: 2026

Opinions citing this section in our collection:

State v. Lechner (Wisconsin Supreme Court 1998, 217 Wis. 2d 392)“…ce to the penalty structure the legislature established in Wis. Stat. §§ 939.50 through 939.52. "While the word 'serio…”
State v. Gerald D. Taylor (Wisconsin Supreme Court 2013, 347 Wis. 2d 30)“…mum term of imprisonment for a Class H felony is six years. Wis. Stat. § 939.50(3)(h)——(i).…”
State v. Head (Wisconsin Supreme Court 2002, 255 Wis. 2d 194)“…s two-element offense was punishable by life imprisonment. Wis. Stat. § 939.50 (3)(a) (1985-86). ¶ 56. Section 940.0…”

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Also relied on in: Wisconsin Audio Recording Laws: One-Party Consent Rules and Penalties (2026), Wisconsin Voyeurism and Hidden Camera Laws: Privacy Crimes and Penalties (2026), Wisconsin Smart Glasses Recording Laws

Wisconsin Statutes, Chapter 940: Crimes Against Life And Bodily Security

§ 940.05Second-degree intentional homicide.In forcecited in 2 of our articles

(1) Whoever causes the death of another human being with intent to kill that person or another is guilty of a Class B felony if: (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3); or (b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes. (2) In prosecutions under sub. (1), it is sufficient to allege and prove that the defendant caused the death of another human being with intent to kill that person or another. (2g) Whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class B felony if: (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov

Cited in 21 court opinions in our collectionLatest citing opinion in our collection: 2023

Opinions citing this section in our collection:

State v. Head (Wisconsin Supreme Court 2002, 255 Wis. 2d 194)“…public disaster or imminent death to himself or another. Wis. Stat. § 940.05 (1985-86). Manslaughter was a Class C…”
State v. Watkins (Wisconsin Supreme Court 2002, 255 Wis. 2d 265)“…guilty of second-degree intentional homicide, pursuant to Wis. Stat. § 940.05 . The court stated: [T]he State…”
State v. Felix (Wisconsin Supreme Court 2012, 339 Wis. 2d 670)“…ormation of second-degree intentional homicide contrary to Wis. Stat. § 940.05 (l)(b). 16 Felix was sentenced to 28 y…”

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Also relied on in: How Long Is a Life Sentence in Wisconsin? (2026 Guide)

West Virginia Code

§ 61-2-3Penalty for murder of second degree.In forcecited in 2 of our articles

Murder of the second degree shall be punished by a definite term of imprisonment in the penitentiary which is not less than 15 nor more than 60 years. A person imprisoned pursuant to the provisions of this section is not eligible for parole prior to having served a minimum of 15 years of his or her sentence or the minimum period required by the provisions of §62-12-13 of this code, whichever is greater.

Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov

Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 1973

Opinions citing this section in our collection:

Dewey Hart v. Ira M. Coiner, Warden of the West Virginia State Penitentiary (Court of Appeals for the Fourth Circuit 1973, 483 F.2d 136)“…atment visited upon Hart: second-degree murder, 5-18 years, W. Va.Code Sec. 61-2-3 (1966); robbery, not less than 10 years…”
Moore v. Coiner (District Court, N.D. West Virginia 1969, 303 F. Supp. 185)“…ive nor more than eighteen years for the principal offense, W.Va.Code § 61-2-3 (Michie 1966), an order will be entered…”

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United States Code Title 18

§ 1111MurderIn forcecited in 6 of our articles

Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, escape, murder, kidnapping, treason, espionage, sabotage, aggravated sexual abuse or sexual abuse, child abuse, burglary, or robbery; or perpetrated as part of a pattern or practice of assault or torture against a child or children; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.Any other murder is murder in the second degree. Within the special maritime and territorial jurisdiction of the United States,Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life; Whoever is guilty of murder in the second degree, shall be imprisoned for any term of years or for life.

Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov

Cited in 1,672 court opinions in our collectionLatest citing opinion in our collection: 2026

In the courts (editorial summary, independently checked):In United States v. Martinez (1993) the Seventh Circuit applied Section 1111 to a federal prison killing, treating premeditation as peculiar to first-degree murder and malice aforethought as the element common to both degrees, and affirmed second-degree murder convictions.

Opinions citing this section in our collection:

Schad v. Arizona (Supreme Court of the United States 1991, 501 U.S. 624)“…f a robbery as well as premeditated killing. See, e. g., 18 U. S. C. § 1111 ; Cal. Penal Code Ann. § 189 (West 1988…”
Chapman v. United States (Supreme Court of the United States 1991, 500 U.S. 453)“…and some have remained until the present. See, e. g., 18 U. S. C. §1111 (mandatory life imprisonment under fed…”
United States v. Gouveia (Supreme Court of the United States 1984, 467 U.S. 180)“…ree murder and conspiracy to commit murder in violation of 18 U. S. C. §§1111 and 1117 respectively. On July 14, 198…”