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List of punishments for murder in the United States

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Main article: Murder (United States law)

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 were 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]

Federal

[edit]

Civilian

[edit]

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 a 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 (Juveniles can not be given life imprisonment without parole, so they can be sentenced to any term of years.)

Military

[edit]

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

[edit]

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

[edit]
Offense Mandatory Sentencing
Second Degree Murder 15 to 50 years
First Degree Murder 99 years

U.S. Virgin Islands

[edit]

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)

By states

[edit]

Alabama

[edit]

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

[edit]

Source:[8]

Offense Mandatory Sentencing
Second Degree Murder 5–99 years
First Degree Murder 20–99 years
First Degree Murder with an aggravating factor 99 years without parole (can apply for a one-time reduction after 49.5 years; for juveniles, a judge can sentence them to 99 years and the governor can parole them)

Arizona

[edit]

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 the 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

[edit]

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

[edit]

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

Excluding murder, all offenses 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]

[edit]
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

[edit]
Offense Mandatory Sentencing
Second Degree Manslaughter Maximum of 10 years (minimum of 1 year if a 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 (cannot be charged with murder with special circumstances if the defendant was under 21)

Delaware

[edit]
Offense Mandatory Sentencing
Second Degree Murder Minimum of 15 years and a 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

[edit]

Source:[17]

Offense Mandatory Sentencing
Manslaughter

9 1/4 to 15 years in prison (if downward departure is not granted)

Maximum of 30 years in prison if:

-the offender used a deadly weapon

-the victim was a vulnerable person under the care of the offender (a child under 18, elderly person, or disabled adult)

-the victim was an on duty police officer or a first responder

-the offense was committed during a hit and run

Maximum of life without parole if:

the victim was a vulnerable person under the care of the offender, an on duty police officer or first responder AND the offender used a deadly weapon

Second Degree Murder Minimum of 16 3/4 years in prison if downward departure is not granted

Mandatory minimum of 25 years if firearm was used

Maximum of life-without-parole

First Degree Murder Death or Life without parole

If offender was under 18, minimum of 40 years and maximum of life (15 or 25 years) or life without parole, (possible commutation to 25 years after judicial review)

Georgia

[edit]
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

[edit]
Offense Mandatory Sentencing
Second Degree Murder Life imprisonment with the 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 the 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

[edit]
Offense Mandatory Sentencing
Second Degree Murder Minimum of 10 years and a 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

[edit]
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

[edit]
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

[edit]
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

[edit]
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 is a juvenile)

Kentucky

[edit]
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

[edit]

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

[edit]

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

[edit]
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 the sentence)

Massachusetts

[edit]
Offense Mandatory Sentencing
Second Degree Murder Life (minimum of 15–25 years; minimum of 15 years if the 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

[edit]

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

[edit]
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 the 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

[edit]
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, life without parole, or life (defendants under 18 sentenced to life in prison can be given the possibility of parole, but this is not mandatory)

Source: [26]

Missouri

[edit]
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

[edit]
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

[edit]
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

[edit]

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. But, the judge would apply the same as if it was just one victim.

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 guidelines apply the same.)

New Hampshire

[edit]

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

[edit]
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

[edit]
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

[edit]
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 20–40 years) or life without parole
Aggravated Murder (defendants under 18 cannot be charged with aggravated murder) Life without parole

North Carolina

[edit]
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

[edit]
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

[edit]

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 25 years
Two or more homicide offenses if the defendant was the principal offender for at least two of them 30 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

[edit]
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

[edit]

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

[edit]
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

[edit]
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

[edit]
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

[edit]
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

[edit]
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

[edit]
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

[edit]
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

[edit]

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

[edit]
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

[edit]

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

[edit]

Source:[38]

Offense Mandatory Sentencing
Second Degree Murder 10–40 years
First Degree Murder Life without parole or life (minimum of 15 years)

Wisconsin

[edit]
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

[edit]

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)

References

[edit]
  1. ^ Savage, David G. (June 25, 2012). "Supreme Court rules mandatory juvenile life without parole cruel and unusual". The Los Angeles Times. Retrieved June 26, 2012.
  2. ^ Cohen, Andrew (June 26, 2012). "If You Think Monday Was Bad at the Supreme Court ..." The Atlantic. Retrieved June 26, 2012.
  3. ^ "Title 18 - CRIMES AND CRIMINAL PROCEDURE :: 2010 US Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. January 7, 2011. Retrieved August 2, 2012.
  4. ^ "10 USC § 918 - Art. 118. Murder | LII / Legal Information Institute". Law.cornell.edu. Retrieved August 2, 2012.
  5. ^ "D.C. Law Library - § 22–2104. Penalty for murder in first and second degrees". code.dccouncil.us. Retrieved October 8, 2020.
  6. ^ "2019 US Virgin Islands Code :: Title 14 - Crimes :: Chapter 45 - Homicide :: § 923. Punishment for murder". Retrieved June 19, 2021.
  7. ^ "Alabama's Criminal Laws — Murder, Manslaughter, & Criminally Negligent Homicide". Alabama Pardon and Expungements Blog. September 14, 2016. Retrieved May 12, 2023.
  8. ^ "Alaska Statutes: AS 12.55.125. Sentences of Imprisonment For Felonies". Touchngo.com. Retrieved August 2, 2012.
  9. ^ "Arizona Vehicular Crimes - Phoenix AZ Criminal Lawyers - Gillespie Law Firm". Craiggillespie.com. Retrieved August 2, 2012.
  10. ^ "2010 Arkansas Code :: Title 5 - Criminal Offenses :: Subtitle 2 - Offenses Against The Person :: Chapter 10 - Homicide :: § 5-10-103 - Murder in the second degree". Justia Law. Retrieved February 14, 2021.
  11. ^ "Codes Display Text". leginfo.legislature.ca.gov. Retrieved January 8, 2022.
  12. ^ "Involuntary Manslaughter California - Penal Code 192b PC". Shouse Law Group. March 2, 2020. Retrieved January 8, 2022.
  13. ^ "Second-Degree Murder in California - Law & Penalties". Shouse Law Group. December 29, 2020. Retrieved January 8, 2022.
  14. ^ "Penal Code 187 PC - Murder - California Law & Penalties". Shouse Law Group. June 5, 2020. Retrieved January 9, 2022.
  15. ^ "Youth Offender Parole Hearings". Board of Parole Hearings. Retrieved February 14, 2022.
  16. ^ "2016 Colorado Revised Statutes :: Title 18 - :: Criminal Code :: Article 3 - :: Offenses Against the Person :: Part 1 - :: Homicide and Related Offenses :: § 18-3-102. Murder in the first degree". Justia Law. Retrieved February 14, 2021.
  17. ^ "782.04(2)". Florida legislature.
  18. ^ "Indiana Death Penalty Laws". Clarkprosecutor.org. Retrieved August 2, 2012.
  19. ^ "Louisiana Laws - Louisiana State Legislature".
  20. ^ "§1251 — Imprisonment for murder :: Chapter 51 — SENTENCES OF IMPRISONMENT (§1251 - §1258) :: TITLE 17-A — MAINE CRIMINAL CODE :: 2005 Maine Code :: Maine Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved August 2, 2012.
  21. ^ "Mandatory life without parole for juveniles: A state-by-state look at sentencing". The Washington times. Associated press. July 31, 2017.
  22. ^ "Michigan Legislature - 328-1931-XLV =Legislature.mi.gov". October 31, 2010. Retrieved August 2, 2012.
  23. ^ "Michigan Legislature - Section 791.234". www.legislature.mi.gov. Retrieved December 4, 2019.
  24. ^ "Michigan Legislature - Section 769.25". www.legislature.mi.gov. Retrieved December 4, 2019.
  25. ^ "Senators Introduce Legislation to End Juvenile Life Without Parole". July 21, 2022. Retrieved July 21, 2022.
  26. ^ "Section 97-3-21 - Homicide; penalty for first- or second-degree murder or capital murder, Miss. Code § 97-3-21 | Casetext Search + Citator".
  27. ^ "New Hampshire Statutes - Table of Contents". Gencourt.state.nh.us. Retrieved August 2, 2012.
  28. ^ "New Hampshire Statutes, Sec. 630:4 Causing or Aiding Suicide". New Hampshire General Court. Retrieved July 18, 2017.
  29. ^ Cohen, Jonathan (2007). "The Student Guide To N.H. Criminal Law" (PDF). Franklin Pierce University. Archived from the original (PDF) on May 21, 2013. Retrieved July 18, 2017.
  30. ^ "Oklahoma Pardon and Parole Board sets guidelines making more inmates eligible to apply for sentence reversal". August 17, 2015.
  31. ^ "ORS 163.005 - Criminal homicide".
  32. ^ "2010 Tennessee Code :: Title 40 - Criminal Procedure :: Chapter 35 - Criminal Sentencing Reform Act of 1989 :: :: Part 1 - General Provisions :: :: 40-35-112 - Sentence ranges". Justia Law. Retrieved February 13, 2021.
  33. ^ "51 Years: The New Life Without Parole". July 8, 2014.
  34. ^ "PENAL CODE CHAPTER 12. PUNISHMENTS". Statutes.legis.state.tx.us. Retrieved August 2, 2012.
  35. ^ "§ 2303. — Penalties for first and second degree murder :: Chapter 53 — HOMICIDE (contains §§ 2301 – 2311) :: Title 13 — Crimes and Criminal Procedure :: 2005 Vermont Code :: Vermont Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved August 2, 2012.
  36. ^ "First and second degree murder defined; punishment". Retrieved August 1, 2012.
  37. ^ "RCW 9.94A.510: Table 1—Sentencing grid".
  38. ^ "§61-2-2. — Penalty for murder of first degree. :: CHAPTER 61. — CRIMES AND THEIR PUNISHMENT :: 2005 West Virginia Code :: West Virginia Code :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. Retrieved August 2, 2012.
  39. ^ "Chapter 2 - Offenses Against The Person :: Title 6 - Crimes And Offenses :: 2010 Wyoming Statutes :: Wyoming Statutes :: US Codes and Statutes :: US Law :: Justia". Law.justia.com. July 1, 2010. Retrieved August 2, 2012.

Bibliography

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