Murder Sentencing Guidelines - Minimum to Maximum for Every State (2026)

Last Updated: January 2026 | Verified against current state statutes

Quick Answer: How Long Is a Murder Sentence?

Murder sentences in the United States vary dramatically by state and the degree of murder charged. First-degree murder typically carries 25 years to life or the death penalty in 27 states. Second-degree murder ranges from 4 years (Illinois) to life imprisonment. The shortest potential first-degree murder sentence is 10 years in Arkansas.

Murder Type	Typical Minimum	Typical Maximum	Shortest State
First-Degree Murder	15-25 years	Life or Death Penalty	Arkansas (10 years)
Second-Degree Murder	5-15 years	Life imprisonment	Illinois (4 years)
Voluntary Manslaughter	1-5 years	15-20 years	Varies by state
Involuntary Manslaughter	1-2 years	10-15 years	Varies by state

Quick Navigation: State-by-State Guidelines | Shortest/Longest Sentences | Murder vs. Manslaughter | FAQ | Related Resources

50-State Murder Sentencing Overview

The table below provides a quick reference for murder sentencing across all 50 states. Click any state name for detailed information including statute citations, aggravating factors, and notable cases.

State	1st Degree Murder	2nd Degree Murder	Death Penalty?
Alabama	Life or Death	10-99 years	Yes
Alaska	20-99 years	5-99 years	No
Arizona	25 years-Life or Death	10-25 years	Yes
Arkansas	10-40 years or Life	6-30 years	Yes
California	25 years-Life or Death	15 years-Life	Yes*
Colorado	Life without parole	16-48 years	No
Connecticut	25-60 years or Life	1-20 years	No
Delaware	Life without parole	15 years-Life	No
Florida	Life or Death	Life or 40 years	Yes
Georgia	Life or Death	10-30 years	Yes
Hawaii	Life without parole	Life with parole	No
Idaho	10 years-Life or Death	10 years-Life	Yes
Illinois	20-60 years or Life	4-20 years	No
Indiana	45-65 years or Death	N/A	Yes
Iowa	Life	50 years	No
Kansas	Life without parole	9-54 years	No (2023)
Kentucky	20-50 years or Life	N/A	Yes
Louisiana	Life or Death	Life	Yes
Maine	25 years-Life	N/A	No
Maryland	Life	Up to 40 years	No
Massachusetts	Life without parole	Life (15-25 min)	No
Michigan	Life without parole	Life with parole	No
Minnesota	Life (30 year min)	Up to 40 years	No
Mississippi	Life or Death	20-40 years or Life	Yes
Missouri	Life or Death	10-30 years or Life	Yes
Montana	10-100 years or Life	2-40 years	Yes*
Nebraska	Life or Death	20 years-Life	Yes
Nevada	Life or Death	Life or 25 years	Yes*
New Hampshire	Life	Life or any years	No (2019)
New Jersey	30 years-Life	N/A	No
New Mexico	Life (30 year min)	Up to 15 years	No
New York	Life (20-25 min)	Life (15-25 min)	No
North Carolina	Life or Death	Up to Life	Yes*
North Dakota	Life	N/A	No
Ohio	Life or Death	Life (15 year min)	Yes*
Oklahoma	Life or Death	10 years-Life	Yes
Oregon	Life (30 year min)	Life (25 year min)	No (2022)
Pennsylvania	Life or Death	Life without parole	Yes*
Rhode Island	Life	10 years-Life	No
South Carolina	30 years-Life or Death	N/A	Yes
South Dakota	Life or Death	Life without parole	Yes
Tennessee	Life or Death	15-60 years	Yes*
Texas	Life or Death	5-99 years	Yes
Utah	25 years-Life or Death	15 years-Life	Yes
Vermont	Life (35 year min)	Life (20 year min)	No
Virginia	Life	5-40 years	No (2021)
Washington	Life	10-18 years or Life	No (2018)
West Virginia	Life (15 year min)	10-40 years	No
Wisconsin	Life (20 year min)	15-60 years	No
Wyoming	Life or Death	20 years-Life	Yes

*Has moratorium on executions or death penalty ruled unconstitutional by state court.

State-by-State Murder Sentencing Guidelines

Alabama Murder Sentencing Guidelines

Key Statutes: Ala. Code § 13A-6-2 (Murder), § 13A-5-40 (Capital Offenses), § 13A-6-3 (Manslaughter)

Mandatory sentencing for various homicide offenses includes a range of 2 to 20 years for manslaughter, while second-degree murder carries a sentence of 10 to 99 years, or life with a minimum of 15 years if a deadly weapon was used. For capital or first-degree murder, the possible sentences include the death penalty, life without parole, or life with parole eligibility after 30 years, the latter being an option only if the defendant was under 18 at the time of the crime.

Aggravating Factors

Under Alabama law (Ala. Code § 13A-5-49), the following circumstances can increase a murder sentence to capital punishment:

Prior violent felony conviction
Murder during commission of robbery, rape, burglary, kidnapping, or arson
Murder for pecuniary gain
Murder of law enforcement officer, firefighter, or corrections employee
Murder to avoid arrest or prosecution
Murder during escape from custody
Murder of two or more persons
Victim under 14 years old
Heinous, atrocious, or cruel murder

Notable Cases

Kenneth Smith Execution (2024) – First nitrogen hypoxia execution in U.S. history, marking Alabama as first state to use this method
Madison v. Alabama (2019) – U.S. Supreme Court ruled on executing defendants with dementia
Ex parte Bohannon (2023) – Alabama Supreme Court upheld death sentence; addressed jury override issues

Recent Legal Changes

2024: First state to use nitrogen hypoxia as execution method
2017: Alabama eliminated judicial override – judges can no longer impose death when jury recommends life

Alaska Murder Sentencing Guidelines

Key Statutes: AS 11.41.100 (Murder in the first degree), AS 11.41.110 (Murder in the second degree), AS 11.41.120 (Manslaughter)

Second-degree murder carries a sentencing range of 5 to 99 years, while first-degree murder typically results in a sentence of 20 to 99 years. However, if an aggravating factor is present in a first-degree murder case, the convicted individual may face a more severe penalty of 99 years without parole. After serving 49.5 years, the individual may apply for a one-time reduction in their sentence. For juveniles convicted of first-degree murder with an aggravating factor, a judge has the authority to sentence them to 99 years, but the governor holds the power to grant them parole.

Aggravating Factors

Under Alaska law (AS 12.55.155), the following circumstances can increase a murder sentence:

Prior felony conviction
Multiple victims
Victim was particularly vulnerable
Defendant was on release for prior felony
Murder committed for hire
Murder to silence witness
Defendant was leader/organizer of criminal activity
Victim under 16 or over 65
Murder involving domestic violence

Notable Cases

Brian Steven Smith (2020) – Serial killer sentenced to 235+ years for multiple murders
Greenway v. State (2021) – Addressed 99-year sentences and parole eligibility
State v. Dayton (2022) – Clarified sentencing for multiple murder counts

Recent Legal Changes

2022: HB 49 increased penalties for crimes against children
2019: SB 91 reforms modified parole eligibility calculations
Alaska has never had the death penalty since statehood (1959)

Arizona Murder Sentencing Guidelines

Key Statutes: A.R.S. § 13-1105 (First degree murder), A.R.S. § 13-1104 (Second degree murder), A.R.S. § 13-751 (Aggravating circumstances)

Negligent homicide carries a mandatory sentence ranging from 1 to 3.75 years for a first-time violent felony offense. Manslaughter, also considered a first-time violent felony offense, requires a sentence of no less than 7 years and no more than 21 years. For second-degree murder, the mandatory sentencing for a first violent felony offense is not less than 10 years and not more than 25 years. In cases of felony first-degree murder, the punishment may include the death penalty (if there are aggravating circumstances), natural life imprisonment, or 25 years to life, with the latter being an option only if the defendant was under 18 at the time of the crime.

Aggravating Factors

Under Arizona law (A.R.S. § 13-751), the following circumstances can result in the death penalty:

Prior serious offense conviction
Murder for pecuniary gain
Grave risk to others beyond victim
Murder during commission of specified felonies
Especially heinous, cruel, or depraved manner
Victim was under 15 years old
Victim was law enforcement officer
Murder of witness to prevent testimony
Multiple homicides
Defendant was adult and victim was under 15

Notable Cases

State v. Lori Vallow Daybell (2023) – Life without parole for killing her two children
State v. Jodi Arias (2015) – Life without parole after hung jury on death penalty
Lynch v. Arizona (2016) – U.S. Supreme Court ruled defendants can inform juries about parole ineligibility

Recent Legal Changes

2023: Arizona resumed executions after 8-year hiatus
2002: Ring v. Arizona – U.S. Supreme Court required jury to find aggravating factors for death penalty

Arkansas Murder Sentencing Guidelines

Key Statutes: Ark. Code § 5-10-101 (Capital Murder), § 5-10-102 (Murder in the first degree), § 5-10-103 (Murder in the second degree)

Second-degree murder sentences range from 6 to 30 years, while first-degree murder convictions result in a sentence of 10 to 40 years or life without parole. Arkansas has the shortest minimum sentence for first-degree murder in the country at just 10 years. Defendants under 18 at the time of the crime may be eligible for parole after serving 25 years. Capital murder convictions lead to either the death penalty or life without parole, with the latter allowing parole eligibility after 30 years if the defendant was under 18 when the crime was committed.

Aggravating Factors

Under Arkansas law (Ark. Code § 5-4-604), the following circumstances can increase a murder sentence:

Prior violent felony
Knowingly created risk of death to multiple persons
Murder for pecuniary gain
Murder to avoid arrest
Murder was especially cruel or depraved
Murder during commission of felony
Victim was law enforcement, firefighter, teacher, or judge
Murder of witness
Defendant in custody or on probation/parole

Notable Cases

State v. Mauricio Torres (2023) – Death sentence for killing 6-year-old stepson
Ledell Lee Execution (2017) – Executed despite innocence claims; DNA testing ongoing posthumously
McGehee v. Hutchinson (2017) – Federal court halted executions over lethal injection concerns

Recent Legal Changes

2017: Arkansas executed 4 inmates in 8 days before lethal injection drugs expired
2021-present: No executions due to drug shortages
2019: Updated juvenile sentencing following Supreme Court rulings

California Murder Sentencing Guidelines

Key Statutes: Cal. Penal Code § 187 (Murder defined), § 189 (Degrees of murder), § 190.2 (Special circumstances), § 190.3 (Penalty phase factors)

Vehicular manslaughter, depending on the level of negligence, has different penalties. For standard negligence, the punishment is up to one year in county jail. In cases of gross negligence, the penalty can be up to one year in county jail as a misdemeanor or 2, 4, or 6 years in state prison as a felony.

Involuntary manslaughter is punishable by 2, 3, or 4 years in state prison, and a strike under California’s Three Strikes Law if a firearm was used. Voluntary manslaughter ranges from 3 to 11 years in state prison.

Second-degree murder sentences include 15 years to life imprisonment, with specific conditions leading to life without parole for prior murder convictions.

First-degree murder generally results in 25 years to life imprisonment. First-degree murder with special circumstances may result in the death penalty or life without parole.

Aggravating Factors (Special Circumstances)

Under California law (Cal. Penal Code § 190.2), the following can result in death penalty or LWOP:

Murder for financial gain
Prior murder conviction
Multiple murders
Murder by bomb or explosive
Murder to avoid arrest or perfect escape
Murder of peace officer, firefighter, prosecutor, judge, juror, or witness
Murder during specified felonies (robbery, kidnapping, rape, burglary, arson)
Murder involving torture
Hate crime murder (race, color, religion, nationality)
Gang-related murder
Murder by poison or lying in wait

Notable Cases

People v. Scott Peterson (2022) – Death sentence overturned; resentenced to life without parole
People v. Golden State Killer (DeAngelo) (2020) – Life without parole for 13 murders
In re Bennett (2023) – California Supreme Court addressed resentencing under new felony murder rules

Recent Legal Changes

2019: Governor Newsom imposed moratorium on executions
2019: SB 1437 narrowed felony murder rule – accomplices can no longer face murder charges unless they intended to kill
2021: SB 775 expanded resentencing eligibility under SB 1437
California has not executed anyone since 2006

Colorado Murder Sentencing Guidelines

Key Statutes: C.R.S. § 18-3-102 (Murder in the first degree), C.R.S. § 18-3-103 (Murder in the second degree), C.R.S. § 18-1.3-1201 (Class 1 felony sentencing)

Second-degree murder convictions carry a sentence of 16 to 48 years in prison, followed by a mandatory parole period of 5 years. If the defendant was under 18 at the time of committing first-degree murder, they receive a life sentence with the possibility of parole after serving 40 years. In other first-degree murder cases, the convicted individual faces life imprisonment without the possibility of parole.

Aggravating Factors (Historical – Pre-2020)

Prior to abolition, Colorado considered these factors for death penalty cases (C.R.S. § 18-1.3-1201):

Prior class 1, 2, or 3 felony involving violence
Defendant under sentence of imprisonment
Murder for pecuniary benefit
Defendant was party to an agreement to kill
Murder was especially heinous, cruel, or depraved
Murder of hostage
Murder of law enforcement, firefighter, judge, or prosecutor
Murder of witness
Multiple victims
Lying in wait or ambush

Notable Cases

People v. Anderson Lee Aldrich (2023) – Club Q shooter; 55 life sentences
People v. Christopher Watts (2018) – Life without parole for killing pregnant wife and two daughters
People v. James Holmes (2015) – Aurora theater shooter; life without parole after jury deadlocked on death

Recent Legal Changes

2020: SB 20-100 abolished the death penalty; Governor Polis commuted sentences of 3 death row inmates to life without parole
2021: Implemented new sentencing guidelines for emerging adults (18-25)
Colorado last executed someone in 1997

Connecticut Murder Sentencing Guidelines

Key Statutes: Conn. Gen. Stat. § 53a-54a (Murder), § 53a-54b (Capital felony – repealed prospectively), § 53a-54c (Felony murder)

Second-degree manslaughter convictions result in a maximum sentence of 10 years, with a minimum of 1 year if a firearm was used. First-degree manslaughter carries 1 to 20 years, increasing to 5 to 40 years if a firearm was involved. Murder convictions typically lead to 25 to 60 years without parole. In cases involving murder with special circumstances, the defendant faces life imprisonment without parole; however, individuals under 18 cannot be charged with murder with special circumstances.

Aggravating Factors (Historical – Pre-2012)

Before abolition, Connecticut considered these factors (§ 53a-46a):

Defendant previously convicted of capital felony or intentional murder
Murder during commission of felony
Murder for pecuniary gain
Murder was especially heinous, cruel, or depraved
Defendant used firearm
Murder of two or more persons
Murder of law enforcement officer
Murder of person under 16

Notable Cases

State v. Santiago (2015) – Connecticut Supreme Court abolished death penalty retroactively
Cheshire Home Invasion (Komisarjevsky & Hayes) – Both death sentences commuted to life without parole after abolition
State v. Fotis Dulos (2020) – Defendant died by suicide before trial for murdering estranged wife

Recent Legal Changes

2012: Connecticut abolished death penalty prospectively (Public Act 12-5)
2015: State v. Santiago ruled abolition must apply retroactively; all death sentences commuted
Connecticut’s last execution was 2005

Delaware Murder Sentencing Guidelines

Key Statutes: 11 Del. C. § 636 (Murder in the first degree), 11 Del. C. § 635 (Murder in the second degree), 11 Del. C. § 4209 (Punishment)

Second-degree murder convictions carry a minimum sentence of 15 years and a maximum of life imprisonment without parole. For first-degree murder committed by defendants under 18, the sentencing range is 25 years to life, with the possibility of a sentence review after 30 years. In other first-degree murder cases, the convicted individual faces life imprisonment without the possibility of parole.

Aggravating Factors (Statutory – Death Penalty Struck Down)

Under Delaware law (11 Del. C. § 4209), these factors were considered:

Prior conviction for murder or violent felony
Murder during commission of felony
Murder of law enforcement officer, corrections officer, firefighter
Murder for pecuniary gain
Murder was outrageously or wantonly vile
Victim was vulnerable due to age, disability
Victim was pregnant
Murder of hostage

Notable Cases

Rauf v. State (2016) – Delaware Supreme Court struck down death penalty as unconstitutional
State v. Steven Pennell (1992) – “Route 40 Killer” executed; last execution in Delaware
Zebroski v. State (2022) – Addressed resentencing under new laws

Recent Legal Changes

2016: Rauf v. State – Delaware Supreme Court ruled death penalty unconstitutional (judge, not jury, made findings)
2016: Legislature attempted to reinstate death penalty; failed
Delaware has not executed anyone since 2012

Florida Murder Sentencing Guidelines

Key Statutes: Fla. Stat. § 782.04 (Murder), § 775.082 (Penalties), § 921.141 (Death penalty procedures)

Manslaughter convictions carry a maximum sentence of 15 years, increasing to 30 years if committed to further terrorism. Second-degree murder carries a maximum of life in prison or 40 years if life is deemed inappropriate or the defendant was under 18. With a firearm, the minimum is 25 years.

First-degree murder convictions lead to the death penalty (with aggravating circumstances) or life without parole. If the defendant was under 18, the judge sets a 40-year sentence with review after 25 years.

Aggravating Factors

Under Florida law (Fla. Stat. § 921.141), these factors can result in death penalty:

Prior violent felony conviction
Murder during commission of specified felonies
Defendant knowingly created great risk to many persons
Murder for pecuniary gain
Murder to disrupt governmental function
Murder was especially heinous, atrocious, or cruel
Murder was cold, calculated, and premeditated
Victim was law enforcement, firefighter, judge, prosecutor
Victim was particularly vulnerable
Murder of child under 12
Victim was elderly (65+)

Notable Cases

Parkland Shooter (Nikolas Cruz) (2022) – Life without parole after jury failed to reach unanimous death verdict
State v. Markeith Loyd (2022) – Death sentence for killing pregnant ex-girlfriend and police officer
Hurst v. Florida (2016) – U.S. Supreme Court ruled Florida’s death penalty sentencing unconstitutional

Recent Legal Changes

2023: SB 450 – Florida changed death penalty from unanimous jury to 8-3 vote requirement
2017: Required unanimous jury recommendation for death penalty (post-Hurst)
2023: Florida reversed course; now only requires 8 of 12 jurors for death recommendation
Florida executed 6 people in 2023, second only to Texas

Georgia Murder Sentencing Guidelines

Key Statutes: O.C.G.A. § 16-5-1 (Murder; felony murder), O.C.G.A. § 17-10-30 (Death penalty procedures), O.C.G.A. § 17-10-31 (Aggravating circumstances)

Involuntary manslaughter convictions result in 1 to 10 years for a felony, or up to 1 year if a misdemeanor. Voluntary manslaughter carries 1 to 20 years. Second-degree murder convictions lead to 10 to 30 years. Felony murder is punishable by life without parole or life with parole eligibility after 30 years. Malice murder can result in death penalty, life without parole, or life with parole after 30 years.

Aggravating Factors

Under Georgia law (O.C.G.A. § 17-10-30), these factors can result in death penalty:

Prior capital felony conviction or substantial history of serious assaultive convictions
Murder during commission of another capital felony
Defendant knowingly created great risk of death to more than one person
Murder for pecuniary gain
Victim was judicial officer, prosecutor, or juror
Defendant hired to commit murder or hired another
Murder was outrageously or wantonly vile, involving torture, depravity
Victim was law enforcement officer, firefighter, corrections employee
Murder during escape from custody
Murder of witness to prevent testimony

Notable Cases

State v. Ahmaud Arbery’s Killers (2022) – Travis McMichael received life without parole
Kelly Gissendaner (2015) – First woman executed in Georgia since 1945
Georgia executed 5 people from 2022-2024

Recent Legal Changes

2022: Georgia carried out first execution since 2020 (pandemic pause)
2017: Fair sentencing reforms passed but did not affect murder

Hawaii Murder Sentencing Guidelines

Key Statutes: HRS § 707-701 (Murder in the first degree), HRS § 707-701.5 (Murder in the second degree), HRS § 706-656 (Terms of imprisonment)

Second-degree murder convictions result in life imprisonment with the possibility of parole. Enhanced sentencing applies to repeat offenders as specified in HRS 706-606.5. First-degree murder convictions lead to life imprisonment without the possibility of parole. However, the governor may commute the sentence to life imprisonment with parole eligibility after serving 20 years. Juveniles convicted of first-degree murder are eligible for parole.

Aggravating Factors

Under Hawaii law (HRS § 706-657), these factors increase sentences:

Prior murder conviction
Murder of more than one person
Murder for hire
Defendant knowingly subjected victim to torture before death
Murder of law enforcement officer, judge, prosecutor, or witness
Murder committed in course of kidnapping, robbery, or sexual assault
Victim was under 14 years old
Victim was particularly vulnerable

Notable Cases

State v. Kapela Crawford (2020) – Life without parole for kidnapping and murdering woman
State v. Naeem Williams (2021) – Addressed juvenile sentencing after Graham/Miller
State v. Kalaola (2019) – Clarified felony murder doctrine

Recent Legal Changes

1957: Hawaii abolished death penalty (before statehood)
Hawaii has never had capital punishment as a state
2020: HB 2575 addressed juvenile life sentences

Idaho Murder Sentencing Guidelines

Key Statutes: Idaho Code § 18-4001 (Murder defined), Idaho Code § 18-4003 (Degrees of murder), Idaho Code § 19-2515 (Death penalty procedures)

Second-degree murder convictions carry a minimum sentence of 10 years and a maximum of life imprisonment without parole. In cases of first-degree murder, the convicted individual may face the death penalty under aggravating circumstances, life imprisonment without the possibility of parole, or a life sentence with eligibility for parole after serving no less than 10 years.

Aggravating Factors

Under Idaho law (Idaho Code § 19-2515), these factors can result in death penalty:

Prior murder or terrorism conviction
Murder at direction of confined person
Murder for remuneration or defendant procured murder
Murder was especially heinous, atrocious, or cruel
Defendant exhibited utter disregard for human life
Defendant exhibited propensity to commit murder
Murder of law enforcement, prosecutor, judge, or corrections employee
Multiple murders

Notable Cases

State v. Bryan Kohberger (2024-ongoing) – University of Idaho murders; death penalty sought
State v. Chad Daybell (2024) – Death sentence for killing two children and wife
State v. Thomas Creech (2024) – Oldest death row inmate; execution survived after failed IV insertion

Recent Legal Changes

2024: Chad Daybell sentenced to death
2024: Creech execution failed; rescheduled
Idaho carried out executions in 2011 and 2012

Illinois Murder Sentencing Guidelines

Key Statutes: 720 ILCS 5/9-1 (First degree murder), 720 ILCS 5/9-2 (Second degree murder), 730 ILCS 5/5-4.5-20 (Sentencing)

Second-degree murder convictions result in 4 to 20 years, with up to 4 years being probational. Certain factors can increase the maximum to 30 years. Illinois has the shortest minimum sentence for second-degree murder in the country at just 4 years.

First-degree murder convictions range from 20 to 60 years without parole. If a firearm was used, the sentence ranges from 45 years to life. Under certain aggravating circumstances, the sentence can be life without parole.

Aggravating Factors

Under Illinois law (730 ILCS 5/5-5-3.2), these factors increase sentences:

Prior Class X felony conviction
Murder during commission of forcible felony
Murder for hire or defendant hired another
Murder of witness to prevent testimony
Murder of law enforcement officer, firefighter, emergency responder
Murder was brutal or heinous indicative of wanton cruelty
Victim was under 12 years old
Multiple murders
Defendant held position of trust over victim

Notable Cases

People v. Jason Van Dyke (2019) – Police officer; 81 months for Laquan McDonald shooting (second-degree murder)
Drew Peterson (2012) – 38 years for murdering third wife

Recent Legal Changes

2011: Illinois abolished death penalty (Governor Quinn signed)
2003: Governor Ryan commuted all death sentences to life
2021: HB 3653 (SAFE-T Act) reformed sentencing credits

Indiana Murder Sentencing Guidelines

Key Statutes: IC 35-42-1-1 (Murder), IC 35-50-2-3 (Death sentence; life imprisonment), IC 35-50-2-9 (Aggravating circumstances)

Murder convictions carry a sentence ranging between 45 and 65 years. In cases involving murder with aggravating circumstances, the convicted individual may face either the death penalty or life imprisonment without parole. However, defendants under the age of 16 cannot be sentenced to life without parole.

Aggravating Factors

Under Indiana law (IC 35-50-2-9), these factors can result in death penalty:

Prior murder conviction
Murder by lying in wait
Murder by hired killer or defendant hired another
Murder during commission of specified felonies
Murder of law enforcement officer, corrections employee, firefighter, judge
Murder of witness
Murder was especially heinous or involved dismemberment
Victim was under 12 years old
Victim was mentally or physically disabled

Notable Cases

State v. Joseph Corcoran (2024) – Executed despite severe mental illness; first Indiana execution since 2009
State v. Amanda Carmack (2021) – Life without parole for murdering 10-year-old stepdaughter

Recent Legal Changes

2024: Indiana resumed executions after 15-year hiatus
Indiana has 8 people on death row as of 2024

Iowa Murder Sentencing Guidelines

Key Statutes: Iowa Code § 707.2 (Murder in the first degree), Iowa Code § 707.3 (Murder in the second degree), Iowa Code § 902.1 (Class “A” felony sentencing)

Second-degree murder convictions result in a 50-year sentence with parole eligibility after serving 35 years. If the defendant was under 18, there is no minimum time required for parole eligibility. First-degree murder leads to life imprisonment without parole or life with parole eligibility (only if the defendant was under 18).

Aggravating Factors

Under Iowa law (Iowa Code § 901.10), these factors affect sentencing:

Prior felony convictions
Vulnerable victim
Position of authority over victim
Murder during commission of felony
Multiple victims
Gang-related murder
Murder of law enforcement officer or public official
Especially cruel or heinous conduct

Notable Cases

State v. Bahena Rivera (2021/2023) – Life without parole for murdering Mollie Tibbetts; conviction overturned, retried, reconvicted
State v. Michael Lang (2023) – Life sentence for 1979 cold case murder

Recent Legal Changes

1965: Iowa abolished death penalty; last execution was 1963
2020: Governor Reynolds signed “Back the Blue” law increasing penalties for crimes against police

Kansas Murder Sentencing Guidelines

Key Statutes: K.S.A. 21-5401 (First-degree murder), K.S.A. 21-5402 (Second-degree murder), K.S.A. 21-6624 (Aggravating circumstances – historical)

For second-degree murder (unintentional), the sentence ranges from 9 to 41 years. For intentional second-degree murder, 12.5 to 54 years. Felony first-degree murder results in life with a minimum of 25 years. As of July 1, 2023, Kansas abolished the death penalty. Capital murder was replaced with “aggravated murder” carrying life without parole.

Aggravating Factors (Historical – Pre-2023)

Before abolition, Kansas considered these factors (K.S.A. 21-6624):

Prior felony involving great bodily harm or death
Knowingly creating risk of death to more than one person
Murder for money or other value
Authorizing or employing another to commit the crime
Murder to avoid arrest or prosecution
Especially heinous, atrocious, or cruel manner (torture, stalking, prior threats)
Murder while serving imprisonment
Killing a witness in criminal proceeding

Notable Cases

Carr Brothers Case (2024) – Death sentences under review after Kansas abolished death penalty
Frazier Glenn Cross (2016) – Death sentence for Jewish Community Center shootings (died on death row 2021)

Recent Legal Changes

2023 (July 1): Kansas abolished death penalty – no person may be sentenced to death for crimes committed after this date
Existing death row inmates retain their sentences pending appeals

Kentucky Murder Sentencing Guidelines

Key Statutes: KRS 507.020 (Murder), KRS 507.030 (Manslaughter first degree), KRS 532.025 (Death penalty procedures)

Murder with aggravating circumstances can result in death penalty, life without parole, or life with parole after 25 years (only if defendant was under 18). Murder without aggravating circumstances carries life with a minimum of 20 years, or 20 to 50 years. First-degree manslaughter is 10 to 20 years; second-degree manslaughter is 5 to 10 years.

Aggravating Factors

Under Kentucky law (KRS 532.025), these factors can result in death penalty:

Prior conviction of felony involving violence
Defendant created grave risk to more than one person
Murder for pecuniary gain
Murder while under sentence of imprisonment
Murder was especially heinous, cruel, or depraved
Victim was law enforcement, corrections employee, or firefighter
Murder of a child under 12
Victim was kidnapped and held hostage

Notable Cases

Sloss v. Commonwealth (2024) – 50-year sentence upheld for murder; prior abuse evidence admitted
Stinson v. Commonwealth (2024) – Death sentence affirmed for double murder
Manning v. Commonwealth (2024) – Life sentence for complicity to murder upheld

Recent Legal Changes

Kentucky has not executed anyone since 2008 (Marco Allen Chapman)
24 people remain on Kentucky’s death row as of 2024

Louisiana Murder Sentencing Guidelines

Key Statutes: La. R.S. 14:30 (First degree murder), La. R.S. 14:30.1 (Second degree murder), La. C.Cr.P. Art. 905.4 (Aggravating circumstances)

Manslaughter carries a maximum of 40 years, with parole eligibility after 25 years for juveniles. Second-degree murder results in life without parole, with parole possible after 25 years for juveniles. First-degree murder can result in death penalty or life without parole for adults; juveniles receive life with parole possibility after 25 years.

Aggravating Factors

Under Louisiana law (La. C.Cr.P. Art. 905.4), these factors can result in death penalty:

Murder during perpetration of felony (rape, kidnapping, robbery, burglary, arson, terrorism)
Victim was peace officer or fireman on duty
Prior murder or violent felony conviction
Created risk to multiple persons
Murder for payment
Imprisonment for prior forcible felony
Especially heinous, atrocious, or cruel manner
Victim was witness or possessed evidence against defendant
Victim under 12 or over 65 years old
Serial killings (two or more persons)

Notable Cases

Louisiana has not executed anyone since 2010
56 people remain on death row as of 2024

Recent Legal Changes

Drug shortage issues have prevented executions since 2010
2021: Governor Edwards declined to halt death penalty but no executions have occurred

Maine Murder Sentencing Guidelines

Key Statutes: 17-A M.R.S. § 201 (Murder), 17-A M.R.S. § 203 (Manslaughter), 17-A M.R.S. § 1251 (Sentencing)

Manslaughter carries a maximum of 30 years. Felony murder carries a maximum of 30 years. Murder convictions carry life without parole, or a minimum of 25 years in prison. Maine abolished the death penalty in 1887 – one of the earliest states to do so.

Aggravating Factors

Under Maine law, these factors affect sentencing:

Prior criminal record
Vulnerable victim
Multiple victims
Murder during commission of felony
Use of firearm or dangerous weapon
Position of trust over victim
Especially cruel conduct
Murder of law enforcement officer

Notable Cases

State v. Joseph Eaton (2024) – Life sentences for killing parents and two friends; I-295 shooting spree
State v. Damion Butterfield (2024) – 35 years for Portland shooting murder
Lewiston Mass Shooting (2023) – Robert Card died by suicide before trial

Recent Legal Changes

1887: Maine abolished death penalty (one of earliest states)
Maine has not had capital punishment for over 135 years

Maryland Murder Sentencing Guidelines

Key Statutes: Md. Criminal Law Code § 2-201 (First degree murder), § 2-204 (Second degree murder), § 2-304 (Sentencing)

Involuntary manslaughter carries a maximum of 10 years, with up to 5 years no parole. Voluntary manslaughter also carries a maximum of 10 years. Second-degree murder carries a maximum of 40 years, with up to 20 years no parole. First-degree murder carries life without parole, or life with parole eligibility after 20 years.

Aggravating Factors (Historical – Pre-2013)

Before abolition, Maryland considered these factors:

Victim was law enforcement officer
Murder committed during felony
Murder for hire
Prior murder conviction
Multiple victims
Victim was child, elderly, or disabled
Especially heinous or cruel manner
Murder of witness

Notable Cases

State v. Adnan Syed (2022) – Murder conviction vacated after 23 years; charges later dropped
Maryland’s last execution was Wesley Baker in 2005

Recent Legal Changes

2013: Maryland abolished death penalty (Chapter 156)
Five death row inmates had sentences commuted to life without parole
2024: HB 87 introduced to reinstate death penalty; did not pass
Maryland Commission found racial disparities in capital punishment

Massachusetts Murder Sentencing Guidelines

Key Statutes: M.G.L. c. 265 § 1 (Murder defined), M.G.L. c. 265 § 2 (First degree murder; punishment), M.G.L. c. 279 § 69 (Life imprisonment)

Second-degree murder carries life with a minimum of 15-25 years. If committed before July 25, 2014, the minimum is 15 years. For juveniles convicted of first-degree murder, the sentence is life with parole eligibility after 20-30 years. For adults, first-degree murder carries life without parole.

Aggravating Factors

Under Massachusetts law, these factors affect sentencing:

Deliberate premeditation
Extreme atrocity or cruelty
Commission during a felony
Prior violent felony convictions
Victim was child or elderly
Multiple victims
Victim was law enforcement or public official
Gang-related murder

Notable Cases

Commonwealth v. Aaron Hernandez (2015/2017) – Former NFL player; life without parole; died in prison
Commonwealth v. Michelle Carter (2017) – Involuntary manslaughter for texting suicide; 15 months
Commonwealth v. Karen Read (2024) – Ongoing trial for death of Boston police officer

Recent Legal Changes

1984: Massachusetts abolished death penalty; last execution was 1947
2018: Criminal justice reform (Chapter 69) modified sentencing but not for murder

Michigan Murder Sentencing Guidelines

Key Statutes: MCL 750.316 (First degree murder), MCL 750.317 (Second degree murder), MCL 750.321 (Manslaughter)

Second-degree murder carries life with parole eligibility after 15 years (10 years for offenses before October 1, 1992). First-degree murder carries life without parole for adults. For juveniles, the judge may set a minimum of 25-40 years with a maximum of at least 60 years, if mitigating factors exist.

Aggravating Factors

Under Michigan law (MCL 777.38 sentencing guidelines), these factors are scored:

Prior felony convictions (scored by offense variable)
Victim vulnerability
Multiple victims
Sadistic conduct
Exploitation of position of trust
Murder during felony commission
High degree of cruelty
Victim was law enforcement officer

Notable Cases

People v. James and Jennifer Crumbley (2024) – Parents convicted of involuntary manslaughter for son’s school shooting; 10-15 years each (first case of its kind in US)
People v. Larry Nassar (2018) – 40-175 years for criminal sexual conduct

Recent Legal Changes

1847: Michigan was first English-speaking government to abolish death penalty
Michigan has never had capital punishment since statehood
2021: Juvenile life sentencing reforms following Miller v. Alabama

Minnesota Murder Sentencing Guidelines

Key Statutes: Minn. Stat. § 609.185 (Murder first degree), Minn. Stat. § 609.19 (Murder second degree), Minn. Stat. § 244.09 (Sentencing Guidelines)

Second-degree manslaughter has a maximum of 10 years (5-year minimum for clean record). First-degree manslaughter has a maximum of 15 years (7-10 year minimum). Third-degree murder has a maximum of 25 years (12.5 year minimum). Second-degree murder has a maximum of 40 years (12.5 years for clean record; 25.5 years if intentional). First-degree murder carries life with a minimum of 30 years. If premeditated or involving specified circumstances, life without parole applies.

Aggravating Factors

Under Minnesota law (Minn. Stat. § 244.10), these factors allow upward departures:

Crime committed as part of group of 3+ persons
Victim was particularly vulnerable
Victim treated with particular cruelty
Defendant wore or displayed a badge of authority
Multiple victims
Crime committed in presence of child
Offender was on probation or release
Bias motivation

Notable Cases

State v. Derek Chauvin (2021) – 22.5 years for second-degree murder of George Floyd; first upward departure for “particular cruelty” in police shooting
State v. Kim Potter (2022) – 2 years for manslaughter of Daunte Wright
State v. Mohamed Noor (2019) – 12.5 years for second-degree manslaughter

Recent Legal Changes

1911: Minnesota abolished death penalty; last execution was 1906
2023: Sentencing Guidelines updated for third-degree murder

Mississippi Murder Sentencing Guidelines

Key Statutes: Miss. Code Ann. § 97-3-19 (Murder; capital murder), Miss. Code Ann. § 99-19-101 (Death penalty procedures), Miss. Code Ann. § 99-19-103 (Aggravating circumstances)

Manslaughter has a maximum of 20 years. Second-degree murder has a maximum of life with conditional release possible at age 65 after 15 years served, or 20-40 years. First-degree murder carries life with the same conditional release provisions. Capital murder carries death, life without parole, or life with parole for juveniles.

Aggravating Factors

Under Mississippi law (Miss. Code Ann. § 99-19-101), these factors can result in death penalty:

Prior conviction of capital offense or violent felony
Murder during commission of specified felonies
Created great risk to multiple persons
Murder for pecuniary gain
Murder was especially heinous, atrocious, or cruel
Murder of law enforcement, firefighter, corrections employee
Murder to escape custody
Victim was child under 14
Victim was elected official, judge, prosecutor

Notable Cases

State v. Curtis Flowers (2019) – U.S. Supreme Court reversed conviction; charges dropped 2020 after 6 trials
Mississippi executed 2 people in 2022 after 10-year hiatus

Recent Legal Changes

2022: Mississippi resumed executions after decade-long pause
36 people remain on death row as of 2024

Missouri Murder Sentencing Guidelines

Key Statutes: Mo. Rev. Stat. § 565.020 (Murder first degree), Mo. Rev. Stat. § 565.021 (Murder second degree), Mo. Rev. Stat. § 565.032 (Aggravating circumstances)

Second-degree murder carries 10 to 30 years or life, with minimum of 25.5 years served. For first-degree murder by juveniles, 30-40 years or life with minimum 25 years. For adults, first-degree murder carries death (aggravating circumstances) or life without parole. Missouri is one of the most active death penalty states, having executed 96 people since 1989.

Aggravating Factors

Under Missouri law (Mo. Rev. Stat. § 565.032), these factors can result in death penalty:

Prior serious offense conviction
Murder for pecuniary gain
Created grave risk to others
Murder was outrageously or wantonly vile, involving torture or depravity
Murder of law enforcement, firefighter, corrections employee
Murder during commission of specified felonies
Murder of witness
Multiple murders
Victim was under 14 years old

Notable Cases

State v. Marcellus Williams (2024) – Executed September 2024 despite innocence claims and prosecutor’s request for new trial
State v. Brian Dorsey (2024) – Executed April 2024 despite clemency pleas from jurors, judge, and corrections officers
Missouri executed 4 people in 2023, tied for 3rd most in US

Recent Legal Changes

Missouri has no moratorium; executions continue regularly
2024: Multiple controversial executions proceeded over objections

Montana Murder Sentencing Guidelines

Key Statutes: MCA 45-5-102 (Deliberate homicide), MCA 45-5-103 (Mitigated deliberate homicide), MCA 46-18-301 (Death penalty procedures)

Negligent homicide has a maximum of 20 years. Mitigated deliberate homicide/second-degree murder carries 2-40 years. Deliberate homicide/first-degree murder can result in death (aggravating circumstances), life without parole, life with minimum 30 years, or 10-100 years. Juveniles can only receive life or 10-100 years.

Aggravating Factors

Under Montana law (MCA 46-18-303), these factors can result in death penalty:

Prior conviction of deliberate homicide
Murder of law enforcement, correctional officer, or firefighter
Murder for pecuniary benefit
Created grave risk to others beyond victim
Murder was especially heinous, atrocious, or cruel
Murder while incarcerated
Victim was under 14 years old
Murder of witness

Notable Cases

Montana last executed someone in 2006 (David Thomas Dawson)
Montana has 2 people on death row as of 2024

Recent Legal Changes

Montana retains death penalty but has moratorium due to lethal injection challenges
2015: Montana Supreme Court upheld death penalty constitutionality
No executions since 2006; drug shortage issues

Nebraska Murder Sentencing Guidelines

Key Statutes: Neb. Rev. Stat. § 28-303 (Murder first degree), Neb. Rev. Stat. § 28-304 (Murder second degree), Neb. Rev. Stat. § 29-2523 (Aggravating circumstances)

Second-degree murder carries minimum 20 years to maximum life without parole, with parole eligibility if defendant was under 18. First-degree murder carries death (aggravating circumstances) or life without parole. Juveniles may receive 40 years to life.

Aggravating Factors

Under Nebraska law (Neb. Rev. Stat. § 29-2523), these factors can result in death penalty:

Prior conviction of murder or violent felony
Murder during commission of specified felonies
Murder for hire or defendant hired another
Murder was especially heinous, atrocious, cruel, or manifested exceptional depravity
Murder of law enforcement, corrections employee
Murder of two or more persons
Defendant knowingly created great risk to others

Notable Cases

State v. Carey Dean Moore (2018) – First execution using fentanyl in US; first Nebraska execution since 1997
State v. Nikko Jenkins – Death sentence for 4 murders; ongoing appeals
Nebraska has 10 people on death row

Recent Legal Changes

2015: Nebraska Legislature abolished death penalty (LB 268)
2016: Voters reinstated death penalty via referendum (61%)
2018: First execution in 21 years

Nevada Murder Sentencing Guidelines

Key Statutes: NRS 200.010 (Murder defined), NRS 200.030 (Degrees; penalties), NRS 200.033 (Aggravating circumstances)

Second-degree murder carries life with parole after 10 years, or 25 years with parole after 10 years. First-degree murder can result in death (aggravating circumstances), life without parole, life with minimum 20 years, or 50 years with parole after 20 years. Juveniles cannot receive life without parole.

Aggravating Factors

Under Nevada law (NRS 200.033), these factors can result in death penalty:

Prior conviction of felony involving violence
Murder during commission of specified felonies
Murder involving mutilation, torture, or depravity
Murder for hire
Murder of victim over 60 or under 14
Murder of law enforcement, firefighter, corrections employee
Murder of person in motor vehicle (drive-by)
Murder by prisoner
Murder to avoid arrest
Gang-related murder

Notable Cases

State v. Scott Dozier (2017) – Volunteered for execution but state unable to obtain drugs; died by suicide 2019
Nevada last executed someone in 2006
Nevada has 57 people on death row (among highest per capita)

Recent Legal Changes

Nevada has moratorium due to lethal injection drug shortages
2019: Dozier case highlighted execution protocol issues

New Hampshire Murder Sentencing Guidelines

Key Statutes: RSA 630:1 (Capital murder – repealed), RSA 630:1-a (First degree murder), RSA 630:1-b (Second degree murder)

Negligent homicide carries 3.5-7 years. Manslaughter has a maximum of 30 years. Second-degree murder carries life with parole or any number of years (typically 20-40 years). First-degree murder carries life without parole or life with parole (only for juveniles). New Hampshire abolished the death penalty in 2019.

Aggravating Factors (Historical – Pre-2019)

Before abolition, New Hampshire considered these factors (RSA 630:1):

Murder of law enforcement, judicial officer, witness
Murder during commission of felonies
Murder for hire
Multiple murders
Victim was under 13
Especially heinous, cruel, or depraved manner
Murder during kidnapping or sexual assault

Notable Cases

State v. Michael Addison (2024) – Death sentence commuted to life without parole after abolition
New Hampshire’s last execution was 1939

Recent Legal Changes

2019: New Hampshire abolished death penalty (SB 593; veto overridden)
23rd state to abolish; first state since 2012 (Connecticut)
One death row inmate (Michael Addison) had sentence commuted

New Jersey Murder Sentencing Guidelines

Key Statutes: N.J.S.A. 2C:11-3 (Murder), N.J.S.A. 2C:11-3b (Aggravating factors), N.J.S.A. 2C:44-1 (Sentencing criteria)

Murder convictions carry minimum 30 years and maximum life imprisonment. With aggravating circumstances, life without parole. Juveniles must serve at least 30 years before parole eligibility. New Jersey abolished the death penalty in 2007 – first state to do so legislatively in 40+ years.

Aggravating Factors

Under New Jersey law (N.J.S.A. 2C:44-1), these factors affect sentencing:

Prior criminal record
Victim was particularly vulnerable
Murder during commission of felony
Murder for hire
Defendant was leader/organizer
Especially heinous, cruel, or depraved manner
Multiple victims
Victim was law enforcement or public official

Notable Cases

State v. Edward Gantt (2023) – Life sentence for 1982 cold case murder
State v. Paul Caneiro (2023) – Life sentence for killing brother’s family
New Jersey last executed someone in 1963

Recent Legal Changes

2007: New Jersey abolished death penalty (first state to do so legislatively in 40+ years)
Eight death row inmates had sentences commuted

New Mexico Murder Sentencing Guidelines

Key Statutes: NMSA 1978 § 30-2-1 (Murder), NMSA 1978 § 31-18-14 (Life imprisonment)

Involuntary manslaughter has a maximum of 4 years. Voluntary manslaughter has a maximum of 6 years. Second-degree murder has a maximum of 15 years. First-degree murder carries life with minimum 30 years before parole. With aggravating circumstances, life without parole or life with parole after 30 years.

Aggravating Factors (Historical – Pre-2009)

Before abolition, New Mexico considered these factors:

Prior conviction of felony involving violence
Murder during commission of specified felonies
Murder for hire
Murder of law enforcement officer
Murder was especially heinous, atrocious, or cruel
Multiple murders
Victim was child under 18

Notable Cases

State v. Terry Clark – Last person executed in New Mexico (2001)
State v. Robert Fry – Death sentence commuted to life after abolition

Recent Legal Changes

2009: New Mexico abolished death penalty (Governor Richardson signed)
Two death row inmates had sentences commuted
Abolition was prospective; did not apply to crimes before July 1, 2009

New York Murder Sentencing Guidelines

Key Statutes: NY Penal Law § 125.25 (Murder second degree), NY Penal Law § 125.27 (Murder first degree), NY Penal Law § 125.26 (Aggravated murder)

Second-degree murder carries life with minimum 15-25 years before parole. First-degree murder carries life with minimum 20-25 years or life without parole. Aggravated murder carries life without parole. Note: Defendants under 18 cannot be charged with first degree or aggravated murder.

Aggravating Factors

Under New York law (NY Penal Law § 125.27), these factors elevate to first-degree murder:

Victim was police officer, peace officer, firefighter, EMT, or correctional employee
Victim was judge, prosecutor, or juror
Murder for hire
Murder during commission of specified felonies
Serial killer (prior murder within preceding 2 years)
Victim was under 14 and defendant was over 18
Murder to silence witness
Murder during act of terrorism

Notable Cases

People v. Harvey Weinstein (2020) – 23 years for rape and sexual assault
People v. Frank James (2023) – Brooklyn subway shooter; federal life sentence

Recent Legal Changes

2004: People v. LaValle – NY Court of Appeals struck down death penalty statute
2007: Last death row inmate resentenced; death row empty
New York has not executed anyone since 1963

North Carolina Murder Sentencing Guidelines

Key Statutes: N.C.G.S. § 14-17 (Murder first and second degree), N.C.G.S. § 15A-2000 (Capital sentencing), N.C.G.S. § 15A-2000(e) (Aggravating circumstances)

Involuntary manslaughter has a maximum of 59 months (10-20 months for clean record). Voluntary manslaughter has a maximum of 204 months (38-80 months for clean record). Second-degree murder committed as an inherently dangerous act has a maximum of 484 months; otherwise, life without parole. First-degree murder can result in death penalty, life without parole, or life with parole after 25 years (only for juveniles).

Aggravating Factors

Under North Carolina law (N.C.G.S. § 15A-2000(e)), these factors can result in death penalty:

Prior conviction of capital felony or violent felony
Murder during commission of specified felonies
Murder for pecuniary gain
Murder to avoid arrest
Murder was especially heinous, atrocious, or cruel
Victim was law enforcement, firefighter, judge, prosecutor, corrections employee
Murder during kidnapping involving victim under 17
Murder by bomb or weapon of mass destruction

Notable Cases

State v. Ronnie Long (2020) – Exonerated after 44 years; wrongful conviction
North Carolina has not executed anyone since 2006
136 people remain on death row (4th most in US)

Recent Legal Changes

2006: Last execution (Samuel Flippen)
2007-present: De facto moratorium due to Racial Justice Act and protocol challenges
2009: Racial Justice Act passed; repealed 2013
North Carolina has death penalty but has not executed in 18+ years

North Dakota Murder Sentencing Guidelines

Key Statutes: N.D.C.C. § 12.1-16-01 (Murder), N.D.C.C. § 12.1-16-02 (Murder under extreme emotional disturbance), N.D.C.C. § 12.1-32-01 (Penalties)

Manslaughter has a maximum of 10 years. Murder under “extreme emotional disturbance” has a maximum of 20 years. Murder carries life without parole, life with minimum 30 years before parole, or any number of years. Juveniles cannot receive life without parole.

Aggravating Factors

Under North Dakota law (N.D.C.C. § 12.1-32-04), these factors affect sentencing:

Prior criminal record
Vulnerable victim
Position of trust
Multiple victims
Especially cruel conduct
Murder during commission of felony
Gang-related activity
Bias motivation

Notable Cases

North Dakota last executed someone in 1905
Very low murder rate; few high-profile cases

Recent Legal Changes

1973: North Dakota abolished death penalty
Among states with lowest murder rates

Ohio Murder Sentencing Guidelines

Key Statutes: ORC § 2903.01 (Aggravated murder), ORC § 2903.02 (Murder), ORC § 2929.04 (Aggravating circumstances)

Juvenile sentencing: For one or more homicides, maximum parole eligibility is 25 years. If principal offender in multiple homicides, 30 years. For terrorism-related, 30 years.

Adult sentencing: Involuntary manslaughter (with felony) is 4.5-16.5 years. Voluntary manslaughter is 4.5-16.5 years. Murder (second-degree) is life with parole after 15 years. Aggravated murder (first-degree) is life without parole or life with parole after 20, 25, or 30 years. With capital specification, death or life options apply.

Aggravating Factors

Under Ohio law (ORC § 2929.04(A)), these factors can result in death penalty:

Murder of law enforcement officer
Murder to escape detection or punishment
Murder as part of course involving 2+ purposeful killings
Murder during kidnapping, rape, arson, robbery, or burglary
Murder for hire
Victim was witness and murder intended to prevent testimony
Defendant serving imprisonment for prior felony
Prior conviction of aggravated murder
Victim under 13 or mentally disabled

Notable Cases

State v. Warren Henness (2019) – Last Ohio execution; legal challenges ongoing
Ohio has 116 people on death row (5th most in US)

Recent Legal Changes

2020: Governor DeWine imposed unofficial moratorium
Ohio has not executed anyone since 2020; drug shortage and protocol issues
2024: Legislature considering death penalty abolition bills

Oklahoma Murder Sentencing Guidelines

Key Statutes: 21 O.S. § 701.7 (Murder first degree), 21 O.S. § 701.8 (Murder second degree), 21 O.S. § 701.12 (Aggravating circumstances)

Second-degree murder carries life with parole or not less than 10 years. First-degree murder can result in death penalty (aggravating circumstances), life without parole, or life with parole after 38 years.

Aggravating Factors

Under Oklahoma law (21 O.S. § 701.12), these factors can result in death penalty:

Prior conviction of felony involving violence
Murder creating great risk to more than one person
Murder for hire
Murder was especially heinous, atrocious, or cruel
Murder to avoid lawful arrest or prosecution
Victim was law enforcement, corrections employee
Murder during commission of specified felonies
Defendant served prior prison term
Murder of child who was victim of abuse

Notable Cases

Glossip v. Gross (2015) – U.S. Supreme Court upheld lethal injection protocol
Glossip v. Oklahoma (2024) – Ongoing; AG concedes trial was unfair
Oklahoma executed 4 people in 2023, tied for 3rd most in US

Recent Legal Changes

2015-2022: Moratorium following botched Clayton Lockett execution (2014)
2022: Oklahoma resumed executions
2024: Executing at regular intervals; 43 people on death row

Oregon Murder Sentencing Guidelines

Key Statutes: ORS 163.115 (Murder), ORS 163.105 (Aggravated murder; sentencing), ORS 163.095 (Aggravated murder defined)

Second-degree murder carries life with minimum 25 years (adults) or 15 years (juveniles). First-degree murder carries life without parole or life with minimum 30 years (adults); 15 years for juveniles. Aggravated murder was death (now limited), life without parole, or life with minimum 30 years.

Aggravating Factors (Post-2019)

Under Oregon law (ORS 163.095), death penalty now limited to:

Murder of two or more persons
Murder of child under 14 years old
Murder of corrections, law enforcement, or emergency services personnel
Terrorism-related murder
Prison murder

Notable Cases

Oregon has not executed anyone since 1997
2022: Governor Brown commuted all death sentences to life without parole possibility

Recent Legal Changes

2011: Governor Kitzhaber imposed moratorium on executions
2019: Measure 112 narrowed death penalty to specific aggravated murders
2022: Governor Brown commuted all death sentences
Death penalty still technically exists but severely limited; no executions expected

Pennsylvania Murder Sentencing Guidelines

Key Statutes: 18 Pa.C.S. § 2502 (Murder), 42 Pa.C.S. § 9711 (Aggravating circumstances)

Third-degree murder has a maximum of 40 years with parole not exceeding half the maximum. Second-degree murder varies by age: under 15 = life with parole after 20 years; 15-17 = life with parole after 30 years; adults = life without parole. First-degree murder: under 15 = life with parole after 25 years; 15-17 = life with parole after 35 years; adults = death (aggravating circumstances) or life without parole.

Aggravating Factors

Under Pennsylvania law (42 Pa.C.S. § 9711(d)), these factors can result in death penalty:

Victim was firefighter, law enforcement, judge, prosecutor, or corrections employee
Murder was committed for hire
Murder during commission of felony
Created grave risk to others
Murder involved torture
Murder during hijacking
Prior conviction of voluntary manslaughter or murder
Significant history of violent felony convictions
Victim was being held hostage or kidnapped
Victim was under 12 years old
Victim was prosecution witness

Notable Cases

Commonwealth v. Mumia Abu-Jamal – Death sentence commuted to life; appeals continue
Commonwealth v. Rivera (2024) – Death sentence affirmed for killing police officer
Commonwealth v. Anderson (2024) – Death sentence affirmed for double murder

Recent Legal Changes

2015: Governor Wolf imposed moratorium on executions
Pennsylvania has not executed anyone since 1999
104 people on death row; death sentences still imposed but not carried out
2024: Governor Shapiro continues moratorium

Rhode Island Murder Sentencing Guidelines

Key Statutes: R.I. Gen. Laws § 11-23-1 (Murder defined), R.I. Gen. Laws § 11-23-2 (Penalty), R.I. Gen. Laws § 12-19.2-4 (Life sentence parameters)

Second-degree murder carries life with parole after 25 years (20 years if before July 1, 2015), or not less than 10 years with parole after half. First-degree murder carries life without parole, or life with parole after 25 years (20 years if before July 1, 2015).

Aggravating Factors

Under Rhode Island law, these factors affect sentencing:

Prior criminal record
Vulnerable victim
Murder during commission of felony
Use of firearm
Especially cruel conduct
Multiple victims
Gang involvement
Victim was law enforcement

Notable Cases

Rhode Island last executed someone in 1845
Low murder rate; few high-profile cases

Recent Legal Changes

1984: Rhode Island abolished death penalty (last execution was 1845)
2015: Sentencing reforms for parole eligibility
Rhode Island has one of lowest incarceration rates in US

South Carolina Murder Sentencing Guidelines

Key Statutes: S.C. Code § 16-3-10 (Murder defined), S.C. Code § 16-3-20 (Punishment), S.C. Code § 16-3-20(C) (Aggravating circumstances)

Involuntary manslaughter has a maximum of 5 years. Voluntary manslaughter is 2-30 years. Murder can result in death penalty (aggravating circumstances), life without parole, or not less than 30 years.

Aggravating Factors

Under South Carolina law (S.C. Code § 16-3-20(C)), these factors can result in death penalty:

Prior conviction of murder or violent felony
Murder during commission of kidnapping, rape, armed robbery, burglary, or arson
Murder of law enforcement, firefighter, judge, prosecutor, corrections employee
Murder for hire
Murder of two or more persons
Murder of child 11 or younger
Murder involving torture or physical abuse
Murder during kidnapping of victim under 18
Murder during trafficking of persons

Notable Cases

State v. Richard Moore (2024) – Executed by firing squad (first in SC since 2011)
State v. Dylann Roof (2017) – Federal death sentence for Charleston church shooting
South Carolina resumed executions in 2024 after 13-year hiatus

Recent Legal Changes

2021: Added firing squad as execution method (Shield Act)
2024: First execution since 2011 (Richard Moore chose firing squad)
35 people on death row as of 2024

South Dakota Murder Sentencing Guidelines

Key Statutes: SDCL 22-16-4 (Murder first degree), SDCL 22-16-7 (Murder second degree), SDCL 23A-27A-1 (Death sentence aggravating circumstances)

First-degree manslaughter has a maximum of life without parole (juveniles cannot receive LWOP). Second-degree murder carries life without parole (juveniles receive any number of years). First-degree murder can result in death penalty (aggravating circumstances) or life without parole (juveniles receive any number of years).

Aggravating Factors

Under South Dakota law (SDCL 23A-27A-1), these factors can result in death penalty:

Prior conviction of Class A or B felony
Murder during commission of kidnapping, rape, robbery, burglary, arson
Murder of law enforcement, corrections, or court officer
Murder for hire
Murder while in custody or escaping
Murder was outrageously or wantonly vile, horrible, or inhuman
Defendant was previously convicted of murder

Notable Cases

State v. Charles Russell Rhines (2019) – Last South Dakota execution
State v. Briley Piper (2023) – Death sentence upheld
South Dakota has 3 people on death row

Recent Legal Changes

South Dakota retains death penalty; executed 4 people since 2007
2019: Last execution (Charles Rhines); lethal injection

Tennessee Murder Sentencing Guidelines

Key Statutes: Tenn. Code § 39-13-202 (First degree murder), Tenn. Code § 39-13-210 (Second degree murder), Tenn. Code § 39-13-204 (Aggravating circumstances)

Second-degree murder sentences vary by range classification: Range I = 15-25 years; Range II = 25-40 years; Range III = 40-60 years. First-degree murder without aggravating circumstances carries life with minimum 51 years (juveniles eligible for parole after 20 years). With aggravating circumstances: death, life without parole, or life with minimum 51 years (juveniles eligible after 30 years).

Aggravating Factors

Under Tennessee law (Tenn. Code § 39-13-204(i)), these factors can result in death penalty:

Prior conviction of violent felony
Prior conviction of two or more felonies
Created great risk to multiple persons
Murder for hire
Murder was especially heinous, atrocious, or cruel
Murder of law enforcement, firefighter, judge, prosecutor, corrections employee
Murder during commission of specified felonies
Defendant previously convicted of murder
Victim was under 12 years old
Victim was 70 years or older
Murder during act of terrorism

Notable Cases

State v. Oscar Franklin Smith (2022) – Execution halted due to lethal injection issues
State v. Edmund Zagorski (2018) – Executed by electric chair (chose over lethal injection)
Tennessee has 47 people on death row

Recent Legal Changes

2020: Governor Lee imposed informal pause due to lethal injection testing
2022: Multiple executions halted due to protocol issues
Tennessee retains death penalty but executions paused since 2022

Texas Murder Sentencing Guidelines

Key Statutes: Tex. Penal Code § 19.02 (Murder), Tex. Penal Code § 19.03 (Capital murder), Tex. Code Crim. Proc. Art. 37.071 (Sentencing procedures)

Second-degree murder (murder) carries 5-99 years with parole after half or 30 years (whichever is less), or life with minimum 30 years. Capital murder carries death or life without parole. Juveniles or those sentenced to life before September 1, 2005 are eligible for parole after 40 years. Texas is the most active death penalty state, having executed 8 people in 2023.

Aggravating Factors (Capital Murder Definition)

Under Texas law (Tex. Penal Code § 19.03), capital murder includes:

Murder of peace officer or fireman on duty
Murder during kidnapping, burglary, robbery, aggravated sexual assault, arson
Murder for hire or payment
Murder during escape from penal institution
Murder of prison employee or inmate while incarcerated
Murder while serving life for previous capital offense
Multiple murders in same or different transactions
Murder of child under 10
Murder of child 10-15
Murder of judge in retaliation

Notable Cases

State v. John Ramirez (2022) – U.S. Supreme Court case on religious rights at execution
State v. Melissa Lucio (2022) – Execution stayed; innocence claims
Texas executed 8 people in 2023, most in US

Recent Legal Changes

Texas remains most active death penalty state
181 people on death row (2nd most after California)
2024: Continued regular executions; no moratorium

Utah Murder Sentencing Guidelines

Key Statutes: Utah Code § 76-5-203 (Murder), Utah Code § 76-5-202 (Aggravated murder), Utah Code § 76-3-206 (Death penalty proceedings)

Utah is unique in that it doesn’t have degrees of homicide – only Murder and Aggravated Murder. Murder carries 15 years to life. Aggravated murder can result in death, life without parole, or 25 years to life. Juveniles cannot receive life without parole.

Aggravating Factors

Under Utah law (Utah Code § 76-5-202), aggravated murder includes:

Murder during commission of specified felonies
Prior conviction of violent felony
Murder for hire
Murder of law enforcement, corrections officer, firefighter
Murder to prevent witness testimony
Murder was especially heinous, atrocious, cruel
Murder creating great risk to others
Victim was under 14 years old
Murder during act of terrorism

Notable Cases

State v. Ronnie Lee Gardner (2010) – Last Utah execution (firing squad)
Utah has 7 people on death row
Taberon Honie execution scheduled but legal challenges ongoing

Recent Legal Changes

2015: Utah abolished firing squad for new death sentences
2015: Reinstated firing squad only as backup if lethal injection unavailable
Utah has not executed anyone since 2010

Vermont Murder Sentencing Guidelines

Key Statutes: 13 V.S.A. § 2301 (Murder – first degree), 13 V.S.A. § 2302 (First degree murder; penalties), 13 V.S.A. § 2303 (Murder – second degree; penalties)

Second-degree murder sentencing varies: if mitigating factors outweigh aggravating, life with minimum 10-20 years; standard cases = life with minimum 20 years; if aggravating outweigh mitigating, life with minimum 20+ years or life without parole. First-degree murder: mitigating = life with minimum 15-35 years; standard = life with minimum 35 years; aggravating = life without parole (adults only). Aggravated murder carries life without parole (juveniles eligible for parole after 35 years).

Aggravating Factors

Under Vermont law (13 V.S.A. § 2303), these factors affect sentencing:

Prior criminal record
Deliberate cruelty
Vulnerable victim
Multiple victims
Position of trust over victim
Murder during commission of felony
Use of firearm
Gang-related activity

Notable Cases

Vermont last executed someone in 1954
Relatively few murders; low-profile cases

Recent Legal Changes

1965: Vermont abolished death penalty; last execution 1954
Vermont has among lowest incarceration rates in US

Virginia Murder Sentencing Guidelines

Key Statutes: Va. Code § 18.2-31 (Capital murder – repealed for sentencing), Va. Code § 18.2-32 (First and second degree murder), Va. Code § 18.2-10 (Punishment)

Second-degree murder and felony murder carry 5-40 years. First-degree murder carries 20 years to life. If committed before January 1, 1995, parole eligibility for life sentences is 15 years (20 years for multiple life sentences). If victim was under 8, parole eligibility is 25 years. Geriatric parole at age 60. Aggravated murder carries life without parole (no geriatric parole); juveniles can be eligible for parole.

Aggravating Factors (Historical – Pre-2021)

Before abolition, Virginia considered these factors (Va. Code § 19.2-264.2):

Prior conviction of capital murder or first-degree murder
Murder for hire
Murder during commission of specified felonies
Murder was outrageously or wantonly vile
Murder of law enforcement officer
Murder of more than one person
Murder of child under 14 during abduction
Murder of pregnant woman
Defendant over 21 and victim under 14

Notable Cases

Thomas Porter & Anthony Juniper – Death sentences commuted to life after abolition
Lee Boyd Malvo (DC sniper) – Life without parole (was juvenile)

Recent Legal Changes

2021: Virginia abolished death penalty – first Southern state to do so
Two death row inmates had sentences commuted
Virginia executed 1,390+ people in its history (most of any state)
Last execution was William Morva in 2017

Washington Murder Sentencing Guidelines

Key Statutes: RCW 9A.32.030 (Murder first degree), RCW 9A.32.050 (Murder second degree), RCW 10.95 (Aggravated first degree murder)

Washington uses sentence enhancers: firearm adds 5 years (10 for subsequent); other deadly weapon adds 2 years (4 for subsequent); sexual motivation adds 2 years (4 for subsequent).

Second-degree murder: under 18 = life with parole after 20 years (standard 10-18 years); 18+ = life without parole (standard 10-18 years). First-degree murder: under 18 = life with parole after 20 years (standard 20-27 years); 18+ = minimum 20 years, maximum life without parole (standard 20-27 years). Aggravated first-degree murder: under 18 = minimum 25 years, parole after 25 years; 18-20 = minimum 25 years, maximum life without parole; 21+ = life without parole.

Aggravating Factors (Historical – Pre-2018)

Under Washington law (RCW 10.95.020), aggravated murder included:

Victim was law enforcement, corrections, or fire employee
Defendant serving prison sentence or escaped
Murder for hire or payment
Murder to maintain position in organization
Drive-by shooting
Victim was judge, juror, prosecutor, defense attorney, probation officer
Murder to conceal crime or identity
Multiple murder victims
Murder during specified felonies
Victim was news reporter killed for reporting activities

Notable Cases

State v. Gary Ridgway (Green River Killer) – Life without parole for 49 murders
Washington has not executed anyone since 2010

Recent Legal Changes

2018: State v. Gregory – Washington Supreme Court ruled death penalty unconstitutional (racial bias)
Eight death row inmates had sentences commuted
Washington death row is now empty
2014: Governor Inslee had imposed moratorium before court ruling

West Virginia Murder Sentencing Guidelines

Key Statutes: W. Va. Code § 61-2-1 (Murder), W. Va. Code § 61-2-2 (Murder of the first degree), W. Va. Code § 61-2-3 (Murder of the second degree)

Second-degree murder carries 10-40 years. First-degree murder carries life without parole or life with minimum 15 years served. West Virginia does not have the death penalty.

Aggravating Factors

Under West Virginia law, these factors affect sentencing:

Prior criminal record
Vulnerable victim (child, elderly, disabled)
Multiple victims
Especially cruel conduct
Murder during commission of felony
Use of firearm
Gang involvement
Murder of law enforcement

Notable Cases

West Virginia last executed someone in 1959
Low murder rate; few high-profile cases

Recent Legal Changes

1965: West Virginia abolished death penalty; last execution 1959
Among states with lowest incarceration rates

Wisconsin Murder Sentencing Guidelines

Key Statutes: Wis. Stat. § 940.01 (First-degree intentional homicide), Wis. Stat. § 940.02 (First-degree reckless homicide), Wis. Stat. § 940.05 (Second-degree intentional homicide)

First-degree reckless homicide or second-degree intentional homicide carries 15-60 years. First-degree intentional homicide carries life without parole or life with minimum of not less than 20 years served. Wisconsin was the first U.S. state to abolish the death penalty (1853) and has never executed anyone as a state.

Aggravating Factors

Under Wisconsin law (Wis. Stat. § 940.01(2)), these factors affect sentencing:

Prior criminal record
Multiple victims
Especially cruel conduct
Victim was vulnerable
Murder during commission of felony
Intoxication by controlled substance (added element)

Notable Cases

State v. Kyle Rittenhouse (2021) – Acquitted on self-defense grounds
State v. Steven Avery (Making a Murderer) – Life without parole; appeals ongoing
State v. Darrell Brooks (2022) – Life + 700 years for Waukesha parade attack

Recent Legal Changes

1853: Wisconsin became first US state to abolish death penalty (never used)
Wisconsin has never executed anyone as a state
2011: Truth-in-sentencing laws modified

Wyoming Murder Sentencing Guidelines

Key Statutes: Wyo. Stat. § 6-2-101 (Murder first degree), Wyo. Stat. § 6-2-104 (Murder second degree), Wyo. Stat. § 6-2-102 (Aggravating circumstances)

First-degree murder carries death penalty, life without parole, or life with parole after minimum 25 years. Second-degree murder carries 20 years to life. Voluntary manslaughter has a maximum of 20 years.

Aggravating Factors

Under Wyoming law (Wyo. Stat. § 6-2-102(h)), these factors can result in death penalty:

Prior conviction of violent felony
Murder during commission of specified felonies
Murder was especially heinous, atrocious, or cruel
Murder of law enforcement officer
Murder to avoid arrest
Murder for pecuniary gain
Defendant under sentence of imprisonment
Victim was under 17 or over 65
Murder of two or more persons

Notable Cases

State v. Dale Wayne Eaton – Death row for Lil Miss murder (kidnapping, rape, murder)
Wyoming last executed someone in 1992 (Mark Hopkinson)
Only 1 person on death row (Dale Eaton)

Recent Legal Changes

Wyoming retains death penalty but rarely uses it
1992: Last execution (Mark Hopkinson)
2014: Legislature rejected death penalty repeal bill

Additional Information

Shortest Murder Sentences by State

The minimum sentence for murder varies widely depending on the state and circumstances. Here are the states with the shortest minimum sentences:

State	Offense	Minimum Sentence
Illinois	Second-Degree Murder	4 years (shortest in US)
Arizona	Negligent Homicide	1 year
Alabama	Manslaughter	2 years
Montana	Mitigated Deliberate Homicide	2 years
Arkansas	First-Degree Murder	10 years (shortest 1st degree)
Idaho	First-Degree Murder	10 years (with parole)
Montana	Deliberate Homicide	10 years

It’s important to note that these are minimum sentences and the actual penalty for a murder conviction can be significantly more severe. The precise definitions and penalties for murder vary widely from state to state, so consult with a qualified criminal defense attorney to understand the specific penalties in your jurisdiction.

Longest Murder Sentences by State

In the United States, the death penalty is still a legal punishment in 27 states, while 23 others have abolished it. However, many states with the death penalty have moratoriums or haven’t executed anyone in years:

Status	States	Count
Active Death Penalty	Texas, Florida, Oklahoma, Missouri, Alabama	~10 states actively executing
Death Penalty with Moratorium	California, Oregon, Pennsylvania, Ohio, Tennessee, North Carolina, Nevada, Montana	~17 states
Abolished	All others including Virginia (2021), Kansas (2023), Washington (2018), New Hampshire (2019)	23 states + DC

Life imprisonment without parole is the maximum sentence in states without the death penalty, meaning the convicted individual will spend their entire life in prison with no opportunity for release.

Recent Death Penalty Abolitions

2023: Kansas abolished death penalty (replaced with life without parole)
2022: Oregon commuted all death sentences
2021: Virginia abolished death penalty (first Southern state)
2020: Colorado abolished death penalty
2019: New Hampshire abolished death penalty
2018: Washington Supreme Court ruled death penalty unconstitutional

Understanding Murder, Homicide, and Manslaughter

What is Homicide?

A homicide is a broad term encompassing any killing of another person by an individual. This covers both intentional and unintentional killings, which means that all murders are homicides, but not all homicides are murders. Homicide can be criminal (murder, manslaughter) or non-criminal (self-defense, justifiable homicide by police).

What is Murder?

Murder is the unlawful, intentional killing of another person. It is divided into degrees based on intent and premeditation:

First-Degree Murder: Premeditated, deliberate, and intentional killing. The perpetrator planned the killing in advance. This carries the harshest penalties, including death penalty or life without parole.
Second-Degree Murder: Intentional killing without premeditation – the intent to kill formed “in the moment.” This typically carries 15 years to life imprisonment.
Third-Degree Murder: (Only in some states like Minnesota, Pennsylvania, Florida) Usually involves unintentional killing during a dangerous act or “depraved heart” murder.
Felony Murder: Death that occurs during the commission of a dangerous felony (robbery, burglary, kidnapping, etc.), even if the death was unintentional.

What is Manslaughter?

Manslaughter involves the killing of another person without the intent to kill (or with reduced culpability). There are three main types:

Voluntary Manslaughter: Intentional killing in the “heat of passion” after adequate provocation. The intent was present, but the act was not premeditated. Example: finding a spouse in the act of adultery and killing in a fit of rage.

“The killing of a human being in which the offender acted during the heat of passion, under circumstances that would cause a reasonable person to become emotionally or mentally disturbed to the point that they cannot reasonably control their emotions.”

Involuntary Manslaughter: Unintentional killing resulting from criminal negligence or reckless disregard for human life. The person never intended to kill anyone but acted with such disregard for safety that death resulted.

Note: Intoxication in most states is considered a negligent act. Being drunk or high is not a defense for manslaughter.

Vehicular Manslaughter: Death caused by a driver’s gross negligence. Examples include driving under the influence, falling asleep at the wheel, ignoring traffic signs, and road rage. See our state hit and run laws guide for more information.

Learn more about the differences between murder, homicide, and manslaughter.

Frequently Asked Questions

What is the average sentence for first-degree murder?

The average sentence for first-degree murder in the United States is life imprisonment, often with a minimum of 25-30 years before parole eligibility. In 27 states, the death penalty is also a possibility for aggravated cases, though many of these states have moratoriums on executions.

What is the shortest possible sentence for murder?

The shortest potential sentence for first-degree murder is 10 years in Arkansas (Class Y felony with 10-40 year range). For second-degree murder, Illinois has a minimum of just 4 years, which can include probation for a portion of the sentence.

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

First-degree murder is premeditated and intentional – the perpetrator planned the killing in advance. Second-degree murder is intentional but not premeditated – it occurs “in the moment” without prior planning. First-degree murder carries harsher sentences, including the possibility of death penalty in applicable states.

How many states have the death penalty?

As of January 2026, 27 states retain the death penalty on the books, though many have moratoriums on executions. 23 states have formally abolished capital punishment. Only about 10 states actively carry out executions, with Texas, Florida, Missouri, Oklahoma, and Alabama being the most active.

Can juveniles be sentenced to life without parole?

Following U.S. Supreme Court rulings (Miller v. Alabama in 2012 and Montgomery v. Louisiana in 2016), juveniles cannot receive mandatory life without parole sentences. However, some states still allow discretionary LWOP for juveniles in extreme cases, though most now require parole eligibility after 25-40 years depending on the state.

What factors affect murder sentencing?

Key factors that affect murder sentencing include:

Degree of premeditation – planned vs. spontaneous
Aggravating circumstances – multiple victims, victim vulnerability, use of torture, heinous manner
Mitigating factors – mental health issues, age, remorse, no prior record, childhood trauma
Prior criminal history – repeat offenders face enhanced sentences
Plea agreements – negotiated guilty pleas often result in reduced sentences
Victim characteristics – murders of children, elderly, or law enforcement often carry enhanced penalties

What is felony murder?

Felony murder is a legal doctrine where a death that occurs during the commission of a dangerous felony (like robbery, burglary, kidnapping, rape, or arson) can be charged as murder – even if the death was unintentional or accidental. Some states have narrowed this rule; for example, California’s SB 1437 (2019) now requires that accomplices had intent to kill to be charged with murder.

What is the difference between aggravating and mitigating factors?

Aggravating factors make a crime worse and increase the sentence. Examples include prior violent felonies, murder of a child or law enforcement officer, murder for hire, or especially heinous methods. Mitigating factors reduce culpability and may decrease the sentence. Examples include no prior record, mental illness, extreme emotional disturbance, or the defendant’s age.

Consult a criminal defense attorney to find the best defense for you or your loved one.

Understanding murder charges and sentencing is crucial, but every case is unique. If you or a loved one faces murder charges, consult immediately with a qualified criminal defense attorney in your state.

Murder & Sentencing Guides

Understanding Homicide Types

Sources and Legal References

This guide was compiled using official state statutes, court decisions, and authoritative legal resources. All information has been verified against current (2026) state laws.

Source	Description	Link
U.S. Sentencing Commission	Federal sentencing guidelines	ussc.gov
Death Penalty Information Center	State-by-state death penalty status	deathpenaltyinfo.org
Justia Law	State statute database	law.justia.com
Cornell Law School	Legal Information Institute	law.cornell.edu
State Legislature Websites	Official state statute texts	Various (linked in state sections)
Wikipedia	List of punishments for murder in the US	Wikipedia

Disclaimer: This information is provided for educational purposes only and should not be considered legal advice. Murder sentencing laws vary significantly by jurisdiction and are subject to change. The information presented reflects laws as of January 2026. If you or a loved one faces murder charges, consult immediately with a qualified criminal defense attorney licensed in your state who can provide advice specific to your situation.