Second-degree murder: penalties in each state and country
Killing another person on purpose, or with extreme disregard for human life, but without planning.
What to look for: Some states fix a minimum term. Others set only a maximum.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
33 states covered so far
Alabama
10 to 99 years, or life (Class A)
Show the degrees and the statutes
Murder (intent to cause death; extreme indifference to human life; or a death caused in the course of a listed dangerous felony) (Class A felony)
- Least
- 10 years
- Most
- Life imprisonment or up to 99 years
- Fine
- Up to $60,000, or twice the gain or loss
Alaska
15 to 99 years (20 to 99 years in listed cases)
Show the degrees and the statutes
Murder in the second degree (Unclassified felony)
- Least
- 15 years
- Most
- 99 years
- Fine
- Up to $500,000
The minimum is 20 years in some listed circumstances. In a prosecution for murder in the second degree under one paragraph of the section, an affirmative defence reduces the crime to a class A felony.
Arizona
10 to 25 years
Show the degrees and the statutes
Second-degree murder (Class 1 felony)
- Least
- 10 years
- Most
- 25 years
- Fine
- Fine of up to $150,000
A first offence: usual term 16 years. For a person with an earlier second-degree murder or a serious dangerous felony, the range is 15 to 29 years. A different, higher range applies if the victim was under 15 (§ 13-705).
California
15 years to life (more in some cases)
Show the degrees and the statutes
Murder in the second degree (Felony)
- Least
- 15 years to life
- Most
- Life. The term is 15 years to life; 20 years to life if the killing was by shooting from a vehicle; 25 years to life if the victim was a peace officer in the line of duty; and life without parole in a narrower case involving a peace officer
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Colorado
A class 2 felony: 8 to 24 years (class 3 if committed in a sudden heat of passion)
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Murder in the second degree, where the act was performed upon a sudden heat of passion caused by a serious and highly provoking act of the victim (Class 3 felony)
- Least
- 4 years
- Most
- 12 years
- Fine
- $3,000 to $750,000
Murder in the second degree (Class 2 felony)
- Least
- 8 years
- Most
- 24 years
- Fine
- $5,000 to $1,000,000
Delaware
15 years to life (class A)
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Murder in the second degree (recklessly causing death with cruel, wicked and depraved indifference to human life, or a death through criminal negligence during a felony) (Class A felony)
- Least
- 15 years
- Most
- Life imprisonment
Florida
Up to life imprisonment
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Murder in the second degree (Felony of the first degree)
- Least
- No minimum term set by the statute
- Most
- A term of years up to life
- Fine
- Fine of up to $10,000
Murder in the second degree is a first-degree felony punishable by a term of years up to life (§ 782.04(2)).
Idaho
At least 10 years, up to life
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Murder of the second degree (Offence)
- Least
- 10 years
- Most
- Life imprisonment
Illinois
A Class 1 felony: 4 to 15 years
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Second degree murder: first degree murder committed under a sudden and intense passion from serious provocation, or under an unreasonable belief in self-defence (Class 1 felony)
- Least
- 4 years
- Most
- 15 years
- Fine
- Up to $25,000, or the amount specified in the offence if greater
Iowa
Up to 50 years
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Murder in the second degree (Class B felony)
- Least
- No minimum term set by the statute
- Most
- Up to 50 years
A Class B felony, but § 707.3 raises the maximum from 25 to 50 years.
Maine
Up to 30 years (felony murder, a Class A crime)
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Felony murder (Class A crime)
- Least
- No minimum term set by the statute
- Most
- 30 years
- Fine
- A fine of up to $50,000
Maine has no second-degree murder. Felony murder, causing a death in the course of murder, robbery, burglary, kidnapping, arson, gross sexual assault or escape, is the closest offence without an intent to kill.
Maryland
Up to 40 years
Show the degrees and the statutes
Murder in the second degree (Felony)
- Least
- No minimum term set by the statute
- Most
- Up to 40 years
Massachusetts
Life imprisonment, with parole eligibility after a term of years fixed by the court
Show the degrees and the statutes
Murder in the second degree (any murder that is not first degree) (Offence)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
Parole eligibility comes after a term of years fixed by the court under ch. 279, § 24. That section was not read.
Michigan
Life, or any term of years
Show the degrees and the statutes
Second-degree murder (Felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
The court may impose life, or any term of years.
Minnesota
Up to 25 years (third degree) up to 40 years (second degree)
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Murder in the third degree (a death caused by an act eminently dangerous to others, without intent to kill) (Felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- A fine of up to $40,000 for the drug-sale form of the offence
Murder in the second degree (intent to kill, without premeditation, or an unintentional death in the course of another felony) (Felony)
- Least
- No minimum term set by the statute
- Most
- 40 years
Missouri
A class A felony: 10 to 30 years, or life
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Murder in the second degree: knowingly causing death, or causing death in the perpetration or attempted perpetration of a felony (Class A felony)
- Least
- 10 years
- Most
- 30 years, or life imprisonment
Montana
2 to 40 years and a fine of up to $50,000 (mitigated deliberate homicide)
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Mitigated deliberate homicide: causing the death of another purposely or knowingly, under the influence of extreme mental or emotional stress for which there is a reasonable explanation or excuse (Offence)
- Least
- 2 years
- Most
- 40 years
- Fine
- Up to $50,000, in addition
Nebraska
A Class IB felony: 20 years to life
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Murder in the second degree: intentionally killing, but without premeditation (Class IB felony)
- Least
- 20 years
- Most
- Life imprisonment
Nevada
Life with parole after 10 years, or a definite 25 years with parole after 10
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Murder of the second degree (all other kinds of murder) (Category A felony)
- Least
- 10 years before parole eligibility
- Most
- Life imprisonment, with the possibility of parole
The court may instead impose a definite term of 25 years, with eligibility for parole after a minimum of 10 years.
New Hampshire
Life imprisonment, or such term as the court may order
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Murder in the second degree (Murder in the second degree)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
The section says the offence is punishable by imprisonment for life or for such term as the court may order.
New York
Life, with a minimum of 15 to 25 years
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Murder in the second degree (Class A-I felony)
- Least
- A life sentence with a minimum of at least 15 years
- Most
- Life, with a minimum of up to 25 years (life without parole in a few listed cases)
- Fine
- Fine of up to the higher of $5,000 or double the gain from the crime (§ 80.00)
North Carolina
Class B1 (144 to 372 months), or Class B2 (94 to 248 months) if based on a reckless inherently dangerous act
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Murder in the second degree, where the malice is based on an inherently dangerous act done recklessly and wantonly (Class B2 felony)
- Least
- 94 months (7 years 10 months)
- Most
- 248 months (20 years 8 months)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 94 to 196 months (mitigated 94 to 125, presumptive 125 to 157, aggravated 157 to 196). The maximum is 248 months where the minimum is 196 (G.S. 15A-1340.17(e)). Active prison is required.
Murder in the second degree (other) (Class B1 felony)
- Least
- 144 months (12 years)
- Most
- 372 months (31 years)
- Fine
- Fine in the court's discretion, in addition to imprisonment
Prior Record Level I: the minimum term runs from 144 to 300 months (mitigated 144 to 192, presumptive 192 to 240, aggravated 240 to 300). The maximum is set from the minimum by G.S. 15A-1340.17(e): 372 months where the minimum is 300. Active prison is required.
North Dakota
The same offence (class AA); there is no second-degree murder
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Negligent homicide (Class C felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of up to $10,000
Manslaughter (recklessly causing the death of another human being) (Class B felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of up to $20,000
Murder (the same offence as above) (Class AA felony)
- Least
- Life
- Most
- Life imprisonment without parole
The nearest lesser homicide offences are manslaughter, which is recklessly causing death (class B), and negligent homicide (class C).
Ohio
An indefinite term of 15 years to life
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Murder: purposely causing the death of another, or causing death as a proximate result of committing a first- or second-degree felony of violence (Murder)
- Least
- 15 years
- Most
- Life imprisonment
Other provisions of R.C. 2929.02(B) change this for particular circumstances (for example, murder of a child under 13 or a sexually oriented murder). They were not read in full.
Pennsylvania
Life imprisonment (second degree); up to 40 years (third degree)
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Murder of the third degree: all other kinds of murder (Murder of the third degree (a felony of the first degree))
- Least
- No minimum term set by the statute
- Most
- 40 years
Murder of the second degree: a killing while engaged in the perpetration of a felony (Murder of the second degree)
- Least
- Life imprisonment
- Most
- Life imprisonment
Rhode Island
At least 10 years, and up to life
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Murder in the second degree (Offence)
- Least
- 10 years
- Most
- Life imprisonment
South Carolina
The same offence: death, or 30 years to life
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Murder (no separate lesser degree) (Felony)
- Least
- 30 years (mandatory minimum)
- Most
- Death, or imprisonment for life (until death, without parole)
South Carolina has no second-degree murder. A killing without malice is manslaughter (next row).
South Dakota
Life imprisonment (Class B)
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Murder in the second degree (an act imminently dangerous to others, evincing a depraved mind, without a premeditated design) (Class B felony)
- Least
- Life (a lesser sentence may not be given)
- Most
- Life imprisonment
- Fine
- A fine of $50,000 may be added
Texas
5 to 99 years, or life
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Murder (Felony of the first degree)
- Least
- 5 years
- Most
- 99 years, or life
- Fine
- Fine of up to $10,000
Texas's ordinary 'murder' (intentional killing, or intending serious injury and causing death) is a first-degree felony.
Vermont
A minimum term of at least 20 years and a maximum of life, or life without parole
Show the degrees and the statutes
Murder in the second degree (all other murder) (Offence)
- Least
- 20 years (minimum term)
- Most
- Life imprisonment, or life without the possibility of parole
Virginia
5 to 40 years
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Murder in the second degree (Felony (term set by the statute))
- Least
- 5 years
- Most
- 40 years
Washington
Up to life imprisonment
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Murder in the second degree (Class A felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- Fine of up to $50,000
West Virginia
15 to 60 years
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Murder in the second degree (Offence)
- Least
- 15 years
- Most
- 60 years
The offender is not eligible for parole before serving 15 years, or the period required by § 62-12-13 if longer.
26 countries covered so far
Country codes name the same acts differently, so each entry says which offence is the closest match. Ranges are from the code’s own text.
Algeria
Life imprisonment
Show the degrees and the articles
Meurtre (intentional killing) (Crime (réclusion))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment (réclusion criminelle à perpétuité)
'Meurtre', an intentional killing without premeditation, is punished by life imprisonment, unless it falls in one of the cases that carry death. The court may go as low as 5 years' réclusion where there are mitigating circumstances (art. 53).
Argentina
8 to 25 years
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Simple homicide (killing another person where no other article provides a different penalty) (Prisión or reclusión)
- Least
- 8 years
- Most
- 25 years
Austria
5 to 10 years (Totschlag)
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Totschlag (killing in an understandably violent emotion) (Straftat (Freiheitsstrafe))
- Least
- 5 years
- Most
- 10 years
Austria has no second-degree murder. Totschlag, killing while carried away by an understandably violent emotion, is the closest.
Brazil
6 to 20 years
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Homicídio simples (killing another person) (Reclusão (the more serious kind of prison))
- Least
- 6 years
- Most
- 20 years
Where the killer acted from a motive of relevant social or moral value, or under a violent emotion straight after an unjust provocation by the victim, the judge may reduce the penalty by one sixth to one third (art. 121 §1).
Bulgaria
10 to 20 years
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Murder (убийство): intentionally killing another (Offence (лишаване от свобода))
- Least
- 10 years
- Most
- 20 years
Canada
Imprisonment for life, with no parole eligibility for 10 to 25 years
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Second degree murder (Indictable offence)
- Least
- Imprisonment for life, with no parole eligibility until at least 10 years have been served (s. 745(c))
- Most
- Imprisonment for life
The judge may set the period before parole eligibility at any number of years from 10 to 25 (s. 745(c), s. 745.4). The life sentence is mandatory.
China
3 to 10 years (intentional homicide with relatively minor circumstances)
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Intentional homicide in relatively minor circumstances (情节较轻) (Crime (fixed-term imprisonment))
- Least
- 3 years
- Most
- 10 years' fixed-term imprisonment
China does not divide murder into degrees. The lighter band of the same article, for 'relatively minor circumstances' (情节较轻), is the closest to a lesser form of killing.
Croatia
At least 5 years (5 to 20 years)
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Murder (ubojstvo) (Offence (kazna zatvora))
- Least
- 5 years
- Most
- 20 years (the maximum prison term; art. 44)
Czechia
10 to 18 years
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Murder (intentionally killing another person) (Offence (imprisonment))
- Least
- 10 years
- Most
- 18 years
England and Wales
The same offence: life imprisonment, with a minimum term of at least 15 years as the usual starting point
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Murder in an ordinary case (no aggravating factors that raise the starting point) (Indictable offence (Crown Court))
- Least
- Life, with a minimum term of 15 years as the starting point
- Most
- Life imprisonment (mandatory)
England and Wales has no second-degree murder. A killing that would be second-degree elsewhere is murder, or manslaughter if a partial defence succeeds (see the next row).
Finland
8 to 12 years (homicide); 4 to 10 years (mitigated killing)
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Mitigated killing (surma) (Offence)
- Least
- 4 years
- Most
- 10 years
Homicide (tappo) (Offence)
- Least
- 8 years
- Most
- 12 years (the maximum for a fixed term)
Finland has no second-degree murder. The ordinary killing is homicide (tappo, s. 1), with a minimum of 8 years. If the killing is, considering the exceptional circumstances, the offender's motives or other matters, committed in mitigating circumstances when assessed as a whole, it is punished as surma (s. 3) with 4 to 10 years.
France
Up to 30 years' criminal imprisonment (the court may impose less)
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Meurtre (intentional killing) (Crime (réclusion criminelle))
- Least
- No minimum term set by the statute
- Most
- 30 years' criminal imprisonment (réclusion criminelle)
Meurtre, a killing on purpose without premeditation, is the closest to second-degree murder. The court may go below the maximum (art. 132-18).
Germany
At least 5 years, up to 15 years, and life in especially serious cases
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Totschlag (killing without the aggravating circumstances of murder) (Verbrechen (serious offence: minimum term of one year or more))
- Least
- 5 years
- Most
- 15 years (the longest fixed term, section 38)
In especially serious cases the penalty is life imprisonment.
Totschlag, killing a person without the aggravating features of section 211, is the closest to second-degree murder.
Hungary
5 to 15 years
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Killing (emberölés) (Offence (deprivation of liberty))
- Least
- 5 years
- Most
- 15 years
India
Imprisonment for life, or 5 to 10 years (culpable homicide not amounting to murder)
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Culpable homicide not amounting to murder, where the act is done with the intention of causing death or likely fatal bodily injury (Offence (imprisonment of either description))
- Least
- 5 years (if a fixed term is chosen)
- Most
- Imprisonment for life, or imprisonment of either description for up to 10 years
- Fine
- A fine may also be imposed
Culpable homicide not amounting to murder, where the act is done with the knowledge that it is likely to cause death, but without intention to cause death or likely fatal injury (Offence (imprisonment of either description))
- Least
- No minimum term set by the statute
- Most
- 10 years' imprisonment of either description
- Fine
- A fine is also imposed
India has no second-degree murder. 'Culpable homicide not amounting to murder' is the nearest: a killing done with the intention to cause death or likely fatal injury, but not within the definition of murder, or done with only the knowledge that it is likely to cause death.
Italy
Not less than 21 years (up to 24 years)
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Omicidio (killing a person) (Delitto (reclusione))
- Least
- 21 years
- Most
- 24 years (the longest reclusione, art. 23)
Japan
Death, life imprisonment, or detention of 5 years or more (the same offence)
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Murder (killing a person), with a fixed-term sentence (Crime (detention, 拘禁刑))
- Least
- 5 years
- Most
- 20 years (the longest fixed term, art. 12)
Japan does not divide murder into degrees. The court's choice within art. 199 reflects the circumstances. A killing at the victim's request or with consent, or assisting suicide, is a separate offence (art. 202).
Latvia
Life imprisonment, or 5 to 20 years
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Murder (slepkavība): intentionally and unlawfully killing another person (Offence (brīvības atņemšana))
- Least
- 5 years (the alternative is life)
- Most
- Life imprisonment (mūža ieslodzījums)
Morocco
Life imprisonment
Show the degrees and the articles
Meurtre (intentional killing) (Crime (réclusion))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment (réclusion perpétuelle)
Death instead where the killing accompanied, preceded or followed another crime, or was committed to prepare or hide one.
Netherlands
Up to 25 years
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Doodslag (intentional killing) (Misdrijf (crime))
- Least
- No minimum term set by the statute
- Most
- 25 years' prison
'Doodslag' (intentional killing without premeditation) is the closest to second-degree murder.
Portugal
8 to 16 years
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Homicide (homicídio): killing another person (Offence (pena de prisão))
- Least
- 8 years
- Most
- 16 years
Russia
6 to 15 years
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Murder (intentional killing, without the aggravating circumstances) (Especially grave crime)
- Least
- 6 years
- Most
- 15 years' imprisonment
The term may come with restriction of freedom for up to 2 years afterwards.
Simple murder, an intentional killing with none of the listed aggravating circumstances, is the closest to second-degree murder.
Spain
10 to 15 years
Show the degrees and the articles
Homicidio (killing another person) (Pena grave (prison of more than 5 years))
- Least
- 10 years
- Most
- 15 years
A higher penalty applies in the cases listed in art. 138(2), including an attack on a public authority.
'Homicidio', killing another person without the circumstances of asesinato, is the closest to second-degree murder.
Sweden
6 to 10 years (dråp)
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Dråp (manslaughter: a killing that is less gross than murder) (Brott (fängelse))
- Least
- 6 years
- Most
- 10 years
Dråp (manslaughter) is the lighter offence where the killing is less gross in view of the circumstances behind it. It is Sweden's nearest offence to second-degree murder.
Switzerland
At least 5 years (up to 20 years)
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Vorsätzliche Tötung (intentional killing) (Verbrechen (felony: more than 3 years))
- Least
- 5 years
- Most
- 20 years (the longest fixed term, art. 40)
Vorsätzliche Tötung, an intentional killing without the particular features of the other homicide offences, is the basic offence and the closest to second-degree murder.
Turkey
Life imprisonment
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Kasten öldürme (basic intentional killing) (Crime (hapis, prison))
- Least
- No minimum term set by the statute
- Most
- Life imprisonment (müebbet hapis)
12 to 18 years where the killer acted under the influence of anger or severe grief caused by an unjust act (art. 29).
The basic offence of intentional killing is the closest to second-degree murder. Under art. 29, a killing in the heat of anger or intense grief caused by an unjust act is punished with 12 to 18 years instead of life.
Other states and countries are being added. Spotted a mistake? Tell us.
