Murder in North Carolina law
Murder in North Carolina law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of North Carolina.
The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had a murder rate somewhat above the median for the entire country.[1]
Elements
[edit]First-degree murder in North Carolina is defined as occurring when a person "kills... another living human being":
- (a) (i) with malice and
- (ii) with a specific intent to kill formed after premeditation and deliberation,
- (b) by poisoning, lying in wait, imprisonment, starvation, or torture,
- (c) while committing or attempting arson, rape, sex offense, robbery, burglary, kidnapping, or any felony in which a deadly weapon is used, or
- (d) by means of a nuclear, biological, or chemical weapon of mass destruction.[2]
Second-degree murder only requires that a person kill another living human being with malice.[2]
Penalties
[edit]| Offense | Mandatory sentencing |
|---|---|
| Involuntary Manslaughter | 13 months to 16 months (depending on prior record level) |
| Voluntary Manslaughter | 51 months to 64 Months (depending on prior record level) |
| Second Degree Murder (Inherently Dangerous Act or by unlawful distribution of certain illicit substances) | 94 months to 393 months (depending on prior record level) |
| Second Degree Murder | 144 months to Life without Parole (depending on prior record level) |
| First Degree Murder | Death or Life without Parole |
References
[edit]- ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
- ^ a b N.C. Stat. §14-17.
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