Murder in North Carolina law

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Homcide 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.

Contents

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

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

OffenseMandatory sentencing
Involuntary Manslaughter 13 months to 16 months
Voluntary Manslaughter 51 months to 64 Months
Second Degree Murder144 months to Life-without-parole
First Degree Murder Death or Life-without-Parole

References

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


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