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§ 2-201. Murder in the first degree

West's Annotated Code of MarylandCriminal LawEffective: October 1, 2020

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 2. Homicide
Subtitle 2. Murder and Manslaughter
Effective: October 1, 2020
MD Code, Criminal Law, § 2-201
Formerly cited as MD CODE Art. 27, § 407; MD CODE Art. 27, § 408; MD CODE Art. 27, § 409; MD CODE Art. 27, § 410; MD CODE Art. 27, § 412
§ 2-201. Murder in the first degree
Currentness
In general
(a) A murder is in the first degree if it is:
(1) a deliberate, premeditated, and willful killing;
(2) committed by lying in wait;
(3) committed by poison; or
(4) committed in the perpetration of or an attempt to perpetrate:
(i) arson in the first degree;
(ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:
1. is not parcel to a dwelling; and
2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;
(iii) burglary in the first, second, or third degree;
(iv) carjacking or armed carjacking;
(v) escape in the first degree from a State correctional facility or a local correctional facility;
(vi) kidnapping under § 3-502 or § 3-503(a)(2) of this article;
(vii) mayhem;
(viii) rape;
(ix) robbery under § 3-402 or § 3-403 of this article;
(x) sexual offense in the first or second degree;
(xi) sodomy as that crime existed before October 1, 2020; or
(xii) a violation of § 4-503 of this article concerning destructive devices.
Penalty
(b)(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:
(i) imprisonment for life without the possibility of parole; or
(ii) imprisonment for life.
(2) Unless a sentence of imprisonment for life without the possibility of parole is imposed in compliance with § 2-203 of this subtitle and § 2-304 of this title, the sentence shall be imprisonment for life.
Solicitation or conspiracy to commit murder
(c) A person who solicits another or conspires with another to commit murder in the first degree is guilty of murder in the first degree if the death of another occurs as a result of the solicitation or conspiracy.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2009, c. 186, § 1, eff. Oct. 1, 2009; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2019, c. 246, § 1, eff. Oct. 1, 2019; Acts 2019, c. 247, § 1, eff. Oct. 1, 2019; Acts 2020, c. 45, § 1, eff. Oct. 1, 2020.
Formerly Art. 27, §§ 407, 408, 409, 410, 412.
MD Code, Criminal Law, § 2-201, MD CRIM LAW § 2-201
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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