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

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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

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Offense Mandatory sentencing
Involuntary Manslaughter 1 years in prison (depending on prior record level)
Voluntary Manslaughter 4 years to 5 years (depending on prior record level)
Attempted Murder 8 years to 32 years (depending on prior record level)
Second Degree Murder 13 years to Life without Parole (depending on prior record level)
First Degree Murder *Death or Life without Parole,
:Juvies.
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Life without Parole for 25 years

References

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  1. ^ "National Center for Health Statistics: Homicide Mortality by State". Centers for Disease Control and Prevention. February 16, 2021. Retrieved September 24, 2021.
  2. ^ a b N.C. Stat. §14-17.