What is the sentence for first degree manslaughter

Manslaughter is an unlawful killing that doesn't involve malice aforethought—intent to seriously harm or kill or an extreme, reckless disregard for life. The absence of malice aforethought means that manslaughter involves less moral blame than either first- or second-degree murder. (But plenty argue that some instances of felony murder, a form of first-degree murder, involve less blameworthiness than some instances of manslaughter.) Thus, while manslaughter is a serious crime, the punishment for it is generally less than that for murder.

The two main variations of manslaughter are usually referred to as voluntary and involuntary manslaughter.

Voluntary Manslaughter

Often called a "heat of passion" crime, voluntary manslaughter occurs when a person:

is strongly provoked (under circumstances that could similarly provoke a reasonable person) and
kills in the heat of passion aroused by that provocation.

For "heat of passion" to exist, the person must not have had sufficient time to "cool off" from the provocation. That the killing isn't considered first- or second-degree murder is a concession to human weakness. Killers who act in the heat of passion may kill intentionally, but the emotional context is a mitigating factor that reduces their moral blameworthiness.

The classic example of voluntary manslaughter involves a husband who comes home unexpectedly to find his wife committing adultery. If the sight of the affair provokes the husband into such a heat of passion that he kills the paramour right then and there, a judge or jury might very well consider the killing to be voluntary manslaughter.

Involuntary Manslaughter

Involuntary manslaughter often refers to unintentional homicide from criminally negligent or reckless conduct. It can also refer to an unintentional killing through the commission of a crime other than a felony.

The subtleties between murder and manslaughter reach their peak with involuntary manslaughter, particularly because an accidental killing through extreme recklessness can constitute second-degree murder.

State of Mind

Legislatures and courts have developed an entire body of law relating to the mental state differences between unintentional second-degree murder and involuntary manslaughter. The determination basically boils down to how morally blameworthy the fact finder considers the defendant.

Murder vs. Manslaughter: Case Examples

Let's look at some case examples to illustrate the differences between murder and manslaughter.

"Provoked" Killing

Facts: Fast Boyle is walking along a busy street. Clay bumps into Boyle and continues walking without saying, "Sorry." Angered by Clay's rudeness, Boyle immediately pulls out a gun and kills Clay.

Verdict: Boyle could probably be convicted of second-degree murder, because he killed Clay intentionally. A judge or jury is unlikely to conclude that the killing was premeditated, which would have elevated the shooting to first-degree murder. On the other hand, this wasn't the kind of heat-of-passion killing that equals voluntary manslaughter. While Boyle might have been provoked in some sense, the circumstances weren't so extreme to cause a reasonable person to lose control.

Intentional Act; Accidental Result

Facts: Standing next to each other in a bookstore a few feet away from the top of a flight of stairs, Marks and Spencer argue over the proper interpretation of free will in Hobbes's philosophy. The argument becomes increasingly animated and culminates when Spencer points a finger at Marks and Marks pushes Spencer backward. The push is hard enough to cause Spencer to fall down the stairs. Spencer dies from the resulting injuries.

Verdict: Marks would probably be guilty of involuntary manslaughter. It was criminally negligent of him to shove a person standing near the top of a stairway. But the circumstances don't seem to suggest that his behavior was so reckless as to demonstrate extreme indifference to human life, which would have elevated the crime to second-degree murder. If the evidence had indicated that Marks intended to kill Spencer with the push, a judge or jury would have had to determine whether the extent of the provocation made the homicide voluntary manslaughter.

"Cooling-Off" Period

Facts: Lew Manion comes home to find that his wife Lee has been badly beaten and sexually abused. Manion takes Lee to the hospital. On the way, Lee tells Manion that her attacker was Barnett, the owner of a tavern that she and Manion occasionally visit. After driving Lee home from the hospital about four hours later, Manion goes to a gun shop and buys a gun. Manion then goes to the tavern and shoots and kills Barnett.

Verdict: Manion could be convicted of first-degree murder, because the time for reflection and his purchase of the gun indicates premeditation and deliberation. Voluntary manslaughter is a somewhat less likely alternative because a judge or jury could find that the heat of passion had cooled, even though Manion remained angry at the time he acted.

What Is the Punishment for Manslaughter?

Manslaughter convictions often result in prison time. As an example, in a 2004 New York decision, an appeals court upheld the following sentence in a driving-while-intoxicated case where there was a collision and the defendant's passenger died as a result: three to nine years for second-degree manslaughter, concurrent with two to six years for second-degree vehicular manslaughter. (People v. Yanus, 13 A.D.3d 804 (2004).)

Keep in mind, of course, that the sentence in any case depends not only on the jurisdiction's laws but also on the court's evaluation of the circumstances and the defendant.

Talk to a Lawyer

If you're facing serious criminal charges, such as manslaughter, contact a criminal defense attorney. A lawyer can guide you through the criminal justice system, protect your rights, and zealously defend your case.

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 warranting the harshest punishments available. A person who commits murder is called a murderer, and the penalties, as outlined below, vary from state to state.

In 2005, the United States Supreme Court held that offenders under the age of 18 at the time of the murder was exempt from the death penalty under Roper v. Simmons.

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]

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, 360 months–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 (For juveniles and people under the age of 21, a judge may set a term of 470 months, a de-facto life sentence, if under 18, a judge sets any percentage of 470 months below 100% depending on the factors).

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), life without parole or life imprisonment with parole after 20 years

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; only an option if defendant was a juvenile), or life without parole
First Degree Murder	30–60 years (sentence can exceed 60 years if there are aggravating circumstances; only an option if defendant was a juvenile) or life without parole
Murder of a law enforcement officer	Life without parole (if the defendant was a juvenile, a judge sets a term of 60 years)

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 (For juveniles, a judge sets a sentence of any term of years not exceeding life)

Source:[7]

Offense	Mandatory Sentencing
Manslaughter	2–20 years
Murder (Second-Degree Murder)	10–99 years (20–99 years if using deadly weapon) or life (minimum of 15 years)
Capital Murder (First-Degree Murder)	Death, life without parole, life with parole eligibility after 30 years (only an option if the defendant was under 18)

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; for juveniles, a judge can sentence them to 99 years and the governor can parole them)

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	Death (aggravating circumstances), natural life imprisonment, or 25 years to life (only an option if defendant was under 18)
Premeditated First Degree Murder	Death (aggravating circumstances), natural life imprisonment, or 25 years to life (only an option if the murder occurred before August 2, 2012 or the defendant was under 18)

Arkansas

Source: [10]

Offense	Mandatory Sentencing
Second Degree Murder	6 to 30 years
First Degree Murder	10 to 40 years or life without parole (eligible for parole after 25 years if the defendant was under 18)
Capital Murder	Death or life without parole (eligible for parole after 30 years if the defendant was under 18)

California

Source:[11][12][13][14][15]

Excluding murder, all offense below are eligible for probation terms. If probation is given, the maximum confinement sentence is up to a year in jail with up to five years of probation. If probation is denied, the following prison terms are used:

Offense	Mandatory Sentencing
Any felony criminal homicide	-Maximum $10,000 fine (not including fees/court costs and penalty assessments) -Loss of gun rights -For involuntary manslaughter with a firearm or voluntary manslaughter or murder, a strike under California Three Strikes Law -Penalty Enhancements like the 10-20-life law or gang-related enhancement. -Victim restitution -Can't get probation for murder
Vehicular Manslaughter (Standard Negligence)	Up to 1 year in county jail
Vehicular Manslaughter (Gross Negligence)	Up to 1 year in county jail as a misdemeanor. 2, 4 or 6 years in state prison as a felony.
Vehicular Manslaughter for Financial Gain	4, 6 or 10 years in state prison
Involuntary Manslaughter	2, 3 or 4 years (a strike under California Three Strikes Law if a firearm was used)
Voluntary Manslaughter	3, 6 or 11 years
Second Degree Murder	15 years to life (either 15 years to life or life without parole if the defendant served a prior murder conviction under Penal Code 190.05)
Second Degree Murder of a Peace Officer	25 years to life (only an option if the defendant was under 18) (life without parole if any of the following are true: -The defendant's intention was to kill, OR -Intention was to cause great bodily injury, OR -A deadly weapon was used to kill.; If the defendant was a juvenile, they are given a sentence under California’s three-strikes law)
Second Degree Murder by shooting from a motor vehicle with intent to cause great bodily injury (intent to cause death is prosecuted as 1st Degree Murder)	20 years to life
First Degree Murder	25 years to life
Assault Causing the Death of A Child Under 8 Years of Age (Penal Code 273ab(a))	25 years to life
First Degree Murder constituting a hate crime or of an operator or driver	Life without parole (eligible for parole after 25 years if the defendant was under 18)
First Degree Murder with special circumstances	Death or life without parole (eligible for parole after 25 years if the defendant was under 18)

Colorado[16]

Offense	Mandatory Sentencing
Second Degree Murder	16–48 years (followed by 5 years of mandatory parole)
First Degree Murder if the defendant was under 18	Life with parole eligibility after 40 years
First Degree Murder	Life without parole

Connecticut

Offense	Mandatory Sentencing
Second Degree Manslaughter	Maximum of 10 years (minimum of 1 year if firearm is used)
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 (25-60 years if the defendant was under 18)

Delaware

Offense	Mandatory Sentencing
Second Degree Murder	Minimum of 15 years and maximum of life without parole
First Degree Murder if the defendant was under 18	25 years to life (defendants may seek a review of their sentence after 30 years)
First Degree Murder	Life without parole (see Capital punishment in Delaware)

Florida

Source:[17]

Offense	Mandatory Sentencing
Manslaughter	Maximum of 15 years in prison; maximum of 30 years in prison if the offense had the intent to facilitate or further terrorism.
Aggravated Manslaughter of a Child	Maximum of 30 years in prison; maximum could be enhanced to life in prison if the offense had the intent to facilitate or further terrorism. (For juveniles, if this offense has the intent to facilitate or further terrorism, a judge sets a sentence of 40 years and they will be eligible for a review after 25 years)
Second Degree Murder	Maximum of life in prison or 40 years in prison (if life in prison is inappropriate or the defendant was under 18); 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. (If the defendant was under 18, the judge will set a mandatory 40 year prison sentence with the possibility of review after 25 years.)

Georgia

Offense	Mandatory Sentencing
Involuntary Manslaughter	1 to 10 years in prison (felony) or up to 1 year county jail (misdemeanor)
Voluntary Manslaughter	1 to 20 years
Second Degree Murder	10 to 30 years
Felony Murder	Life without parole or life with parole eligibility after 30 years
Malice Murder	Death, 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. (For juveniles, they are eligible for parole) (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 no less than 10 years)

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[18]
Murder	Between 45 and 65 years
Murder with aggravating circumstances	Death or life without parole (defendant under 16 cannot be sentenced to life without parole)

Iowa

Offense	Mandatory Sentencing
Second Degree Murder	50 years with parole eligibility after 35 years (no minimum for parole eligibility if the defendant was under 18)
First Degree Murder	Life without parole or life with parole eligibility (only an option if the defendant was under 18)

Kansas

Offense	Mandatory Sentencing
Second Degree Murder (Unintentional)	9–41 years
Second Degree Murder (Intentional)	12.5–54 years
Felony First Degree Murder	Life with a minimum of 25 years (or 20 years if the crime was committed before July 1, 2014)
Premeditated First Degree Murder (committed before July 1, 2014)	Life with a minimum of 25 years or life with a minimum of 50 years (only if the judge finds compelling reasons warranting a harsher sentence)
Premeditated First Degree Murder (committed on or after July 1, 2014)	Life with a minimum of 50 years or life with a minimum of 25 years (only if the judge finds compelling reasons warranting a more lenient sentence)
Capital Murder	Death, life without parole, or life with a minimum of 25/50 years (only an option if the defendant was under 18)

Kentucky

Offense	Mandatory Sentencing
Murder (aggravating circumstances)	Death, life without parole, life without parole for 25 years (only an option if the defendant was under 18)
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

Source: [19]

Offense	Mandatory Sentencing
Manslaughter	Maximum of 40 years in prison (eligible for parole after 25 years if the defendant was under 18)
Manslaughter of a child under 10	10 to 40 years in prison without parole (eligible for parole after 25 years if the defendant was under 18)
Second Degree Murder	Life without parole (eligible for parole after 25 years if the defendant was under 18)
First Degree Murder	Death or life without parole (adults) Life without parole or life with the possibility of parole after 25 years (if the defendant was under 18)

Maine

Source:[20]

Offense	Mandatory Sentencing
Manslaughter	Maximum of 30 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 eligibility after 20 years (the judge can suspend part of sentence))

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 after 20–30 years[21]
First Degree Murder	Life without parole

Michigan

Source:[22]

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 [23]
First Degree Murder	Life without parole for adults. 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 and the same goes with aggravating factors.[24] Note that there is a bill removing Juvenile life without parole and shortening the minimum term of 25-40 years to 10 years and keeping the maximum of 60 years.[25]

Minnesota

Offense	Mandatory Sentencing
Second Degree Manslaughter	Maximum of 10 years in prison (5 years for clean record)
First Degree Manslaughter	Maximum of 15 years in prison (7-10 years for clean records)
Third Degree Murder	Maximum of 25 years in prison (12.5 years for clean record)
Second Degree Murder	Maximum of 40 years in prison (If a person had a clean record, 12.5 years but if intentional, 25.5 years)
First Degree Murder	Life (minimum of 30 years; 17 years if crime committed before August 1, 1989)
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 (30 years must be served before eligible for parole if the defendant was under 18; 17 years must be served before eligible for parole if the defendant was under 18 and the crime committed before August 1, 1989)

Mississippi

Offense	Mandatory
Manslaughter	Maximum of 20 years
Second Degree Murder	Life (eligible for conditional release at age 65 and having served at least 15 years) or 20 to 40 years
First Degree Murder	Life (eligible for conditional release at age 65 and having served at least 15 years)
Capital Murder	Death or life without parole (defendants under 18 sentenced to life in prison can be given the possibility of parole, but this is not mandatory)

Source: [26]

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 or life (minimum of 25 years; any term of years for aggravating circumstances)
First Degree Murder	Death (aggravating circumstances) or life without parole.

Montana

Offense	Mandatory Sentencing
Negligent Homicide	Maximum of 20 years in prison
Mitigated Deliberate Homicide (Second-Degree Murder)	2–40 years
Deliberate Homicide (First-Degree Murder)	Death (aggravating circumstances), life without parole, life (minimum of 30 years), or 10–100 years (only the two options if the defendant was under 18; if sentenced to 100 years, the defendant who was under 18 will be eligible for parole)

Nebraska

Offense	Mandatory Sentencing
Second Degree Murder	Minimum of 20 years and maximum of life without parole (eligible for parole if the defendant was under 18)
First Degree Murder	Death (aggravating circumstances), life without parole (reviewed by Nebraska state parole board), or 40 years to life (only an option if the defendant was under 18)

Nevada

Under Assembly Bill 267, juveniles must have parole eligibility begin after 20 years if only one death occurred. Nevada does not have guidelines on when to offer parole if more than one person was killed.

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 (juveniles cannot be sentenced to life without parole even there was more than one death, in which the defendant is eligible for consecutive sentences.)

New Hampshire

Source:[27]

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.[28][29]
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 or life with parole (only an option if the defendant was under 18)
Capital Murder	Life without parole or life with parole (only an option if the defendant was under 18)

New Jersey

Offense	Mandatory Sentencing
Murder	Minimum of 30 years and maximum of life
Murder (with aggravating circumstances)	Life without parole (defendant must serve 30 years and it is an only option if they were under 18)

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)
First Degree Murder with aggravating circumstances	Life without parole or life with parole eligibility after 30 years (only if the defendant was under 18)

New York

Offense	Mandatory Sentencing
Second Degree Murder	Life (minimum of 15–25 years)
First Degree Murder (defendants under 18 cannot be charged with first degree murder)	Life (minimum of 20–25 years) or life without parole
Aggravated Murder (defendants under 18 cannot be charged with aggravated murder)	Life without parole

North Carolina

Offense	Mandatory Sentencing
Involuntary Manslaughter	Maximum of 59 months (sentence without criminal record is 10 to 20 months)
Voluntary Manslaughter	Maximum of 204 months (sentence without criminal record is 38 to 80 months)
Second Degree Murder (inherently dangerous act or by unlawful distribution of certain illicit substances)	Maximum of 484 months (sentence without criminal record is 94 to 196 months)
Second Degree Murder	Maximum of life without parole (sentence without criminal record is 144 to 300 months)
First Degree Murder	Death (aggravating circumstances), life without parole, or life with parole eligibility after 25 years (only an option if the defendant was under 18)

North Dakota

Offense	Mandatory Sentencing
Manslaughter	Maximum of 10 years in prison
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 (defendants under 18 cannot be sentenced to life without parole)

Ohio

Ohio differentiates between "Aggravated Murder (First-Degree Murder)" and "Murder (Second-Degree 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.

Parole Eligibility for Defendants Under 18 (SB 256)
Offense	Maximum Parole Eligibility
One or more homicide offenses	18 years
Two or more homicide offenses if the defendant was the principal offender for at least two of them	25 years
Aggravated homicide (considered the purposeful killing of three or more people when the defendant is the principal offender in each offense), or murder (second-degree murder) or aggravated murder (first-degree murder) involving terrorism	30 years

Offense	Mandatory Sentencing
Involuntary Manslaughter	4.5 to 16.5 years (3 to 11 years if crime committed before 2021, 3 to 10 years if crime committed before 2019) (if underlying offense is a felony) 9 months to 3 years (if underlying offense is a misdemeanor)
Voluntary Manslaughter	4.5 to 16.5 years (3 to 11 years if crime committed before 2021, 3 to 10 years if crime committed before 2019)
Murder (Second-Degree Murder)	Life with parole eligibility after 15 years
Murder (Second-Degree Murder) (victim under 13 years old and committed with a sexual motivation)	Life with parole eligibility after 30 years
Murder (Second-Degree Murder) (committed with a sexual motivation and the defendant has a sexually violent predator specification, or involving terrorism)	Life without parole (eligible for parole after 30 years if the defendant was under 18)
Aggravated Murder (First-Degree Murder)	Life without parole or life with parole eligibility after 20, 25, or 30 years (if victim was under 13 years old and the murder was committed with a sexual motivation, the minimum sentence is life with parole eligibility after 30 years)
Aggravated Murder (First-Degree 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 (if victim was under 13 years old and the murder was committed with a sexual motivation, the minimum sentence is life with parole eligibility after 30 years)
Aggravated Murder (First-Degree Murder) (involving terrorism or committed with a sexual motivation and the defendant has a sexually violent predator specification)	Death or life without parole (eligible for parole after 30 years if the defendant was under 18)

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)[30]

Oregon

Sources: [31]

Offense	Mandatory Sentencing
Second Degree Murder	Life (minimum of 25 years for adults, 15 years if the defendant was under 18)
First Degree Murder	Life without parole or life (minimum of 30 years for adults, 15 years if the defendant was under 18 and only an option)
Aggravated Murder	Death, life without parole, or life (minimum of 30 years for adults, 15 years if the defendant was under 18 and only an option)

Pennsylvania

Offense	Mandatory sentence
Third Degree Murder	Maximum of 40 years in prison (parole eligibility cannot exceed more than half the maximum sentence)
Second Degree Murder if the defendant was under 15	Life (eligible for parole after no less than 20 years)
Second Degree Murder if the defendant was 15-17	Life (eligible for parole after no less than 30 years)
Second Degree Murder	Life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons)
First Degree Murder if the defendant was under 15	Life (eligible for parole after no less than 25 years)
First Degree Murder if the defendant was under 15-17	Life (eligible for parole after no less than 35 years)
First Degree Murder	Death (aggravating circumstances) or life without parole (eligible for commutation by governor provided there is a unanimous recommendation by the Board of Pardons)

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 (defendants under 18 cannot be sentenced to life without parole)
Second Degree Murder	Life without parole (if the defendant was under 18, they are sentenced to any number of years)
First Degree Murder	Death (aggravating circumstances) or life without parole (if the defendant was under 18, they are sentenced to any number of years)

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) [32]
First Degree Murder (no aggravating circumstances)	Life (minimum of 51 years, eligible for parole after 20 years if the defendant was under 18)[33]
First Degree Murder (aggravating circumstances)	Death, life without parole, or life (minimum of 51 years, eligible for parole after 30 years and only an option if defendant was under 18)

Texas

Offense	Mandatory Sentencing[34]
Murder (Second-Degree 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 (First-Degree Murder)	Death or life without parole (eligible for parole after 40 years if the defendant was under 18 or has been sentenced to life before September 1, 2005)

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 (defendants under 18 cannot be sentenced to life without parole)

Vermont

Source:[35]

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, only an option for anyone under 18) 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, only an option if defendant was under 18) or life without parole
Aggravated Murder	Life without parole (defendant is eligible for parole after 35 years if he or she was under 18)

Virginia

Offense	Mandatory Sentencing
Second Degree Murder	5–40 years[36]
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, if the defendant was under 18, they can get parole) (Judge can use discretion to suspend portion of life sentence unless the victim was a police officer)

Washington

Sources: [37]

Offense	Mandatory sentence
Sentence enhancers	Use of a firearm: 5 years, 10 years if subsequent conviction Use of other deadly weapon: 2 years, 4 years if subsequent conviction Sexual motivation: 2 years, 4 years if subsequent conviction
Second Degree Murder if defendant is under 18	Maximum of life with the possibility of parole after 20 years (10-18 years is standard sentence without criminal record)
Second Degree Murder if defendant is 18+	Maximum of life without parole (10-18 years is standard sentence without criminal record)
First Degree Murder if defendant is under 18	Maximum of life with the possibility of parole after 20 years (20-27 years is standard sentence without criminal record)
First Degree Murder if defendant is 18+	Mandatory minimum of 20 years, maximum of life without parole (20-27 years is standard sentence without criminal record)
Aggravated First Degree Murder if defendant is under 18	Mandatory minimum of 25 years, maximum of life with the possibility of parole after 25 years
Aggravated First Degree Murder if defendant is 18-20	Mandatory minimum of 25 years, maximum of life without parole
Aggravated First Degree Murder if defendant is 21+	Life without parole

West Virginia

Source:[38]

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:[39]

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;

^ 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.
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^ "2019 US Virgin Islands Code :: Title 14 - Crimes :: Chapter 45 - Homicide :: § 923. Punishment for murder". Retrieved 2021-06-19.
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^ "782.04(2)". Florida legislature.
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^ "Louisiana Laws - Louisiana State Legislature".
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^ "Mandatory life without parole for juveniles: A state-by-state look at sentencing". The Wasshington times. Associated press. July 31, 2017.
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^ "Michigan Legislature - Section 791.234". www.legislature.mi.gov. Retrieved 2019-12-04.
^ "Michigan Legislature - Section 769.25". www.legislature.mi.gov. Retrieved 2019-12-04.
^ "Senators Introduce Legislation to End Juvenile Life Without Parole". July 21, 2022. Retrieved July 21, 2022.
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Lord Mustill on the Common Law concerning murder
Sir Edward Coke Co. Inst., Pt. III, ch.7, p. 50

Look up murder in Wiktionary, the free dictionary.

1986 Seville Statement on Violence (from UNESCO)[permanent dead link]
Introduction and Updated Information on the Seville Statement on Violence
U.S. Centers for Disease Control "Atlas of United States Mortality"
Cezanne's depiction of "

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==Federal== ===Civilian=== Source:<ref>{{cite web|url=http://law.justia.com/us/codes/title18/parti_chapter51_.html |title=Title 18 - CRIMES AND CRIMINAL PROCEDURE :: 2010 US Code :: US Codes and Statutes :: US Law :: Justia |publisher=Law.justia.com |date=2011-01-07 |access-date=2012-08-02}}</ref> {|class="wikitable" |- !Offense !Mandatory Sentencing |- |Second Degree Murder |Any term of years or life imprisonment without parole (There is no federal parole, [[United States Federal Sentencing Guidelines|U.S. sentencing guidelines]] offense level 38: 235–293 months with clean record, 360 months–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 (For juveniles and people under the age of 21, a judge may set a term of 470 months, a de-facto life sentence, if under 18, a judge sets any percentage of 470 months below 100% depending on the factors). |} ===Military=== Source:<ref>{{cite web|url=https://www.law.cornell.edu/uscode/text/10/918- |title=10 USC § 918 - Art. 118. Murder | LII / Legal Information Institute |publisher=Law.cornell.edu |access-date=2012-08-02}}</ref> {|class="wikitable" |- !Offense !Mandatory Sentencing |- |Murder under [[Uniform Code of Military Justice|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), life without parole or life imprisonment with parole after 20 years |} ===District of Columbia=== Source: <ref>{{Cite web|title=D.C. Law Library - § 22–2104. Penalty for murder in first and second degrees.|url=https://code.dccouncil.us/dc/council/code/sections/22-2104.html#:~:text=%C2%A7%2022%E2%80%932104.-,Penalty%20for%20murder%20in%20first%20and%20second%20degrees.,403.01(b-2).|access-date=2020-10-08|website=code.dccouncil.us}}</ref> {|class="wikitable" |- !Offense !Mandatory Sentencing |- |Second Degree Murder |Any term of years, but no more than 40 years (unless there are aggravating circumstances; only an option if defendant was a juvenile), or life without parole |- |First Degree Murder |30–60 years (sentence can exceed 60 years if there are aggravating circumstances; only an option if defendant was a juvenile) or life without parole |- |Murder of a law enforcement officer |Life without parole (if the defendant was a juvenile, a judge sets a term of 60 years) |} ===Puerto Rico=== {| class="wikitable" !Offense !Mandatory Sentencing |- |Second Degree Murder |15 to 50 years |- |First Degree Murder |99 years |} ===U.S. Virgin Islands=== Source: <ref>{{Cite web|url=https://law.justia.com/codes/virgin-islands/2019/title-14/chapter-45/923/ |access-date=2021-06-19|title=2019 US Virgin Islands Code :: Title 14 - Crimes :: Chapter 45 - Homicide :: § 923. Punishment for murder }}</ref> {|class="wikitable" |- !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 (For juveniles, a judge sets a sentence of any term of years not exceeding life) |}

Return to List of punishments for murder in the United States.

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