{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/18.2-32.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/18.2-32.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/18.2-32.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/18.2-32.html"}],"law_id":57602,"edition_id":1,"section_id":57602,"structure_id":15120,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","history":"Code 1950, \u00a7 18.1-21; 1960, c. 358; 1962, c. 42; 1975, cc. 14, 15; 1976, c. 503; 1977, cc. 478, 492; 1981, c. 397; 1993, cc. 463, 490; 1998, c. 281; 2021, Sp. Sess. I, cc. 344, 345.","full_text":"Murder, other than aggravated murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in \u00a7 18.2-31, is murder of the first degree, punishable as a Class 2 felony.\n\t\tAll murder other than aggravated murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.","order_by":null,"text":{"0":{"id":211070,"text":"Murder, other than aggravated murder, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary or abduction, except as provided in \u00a7 18.2-31, is murder of the first degree, punishable as a Class 2 felony.\n\t\tAll murder other than aggravated murder and murder in the first degree is murder of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15120,"edition_id":1,"name":"Homicide","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13100,"metadata":{},"date_created":"2026-06-26 03:52:17","date_modified":"2026-06-26 03:52:17","permalink":{"id":164765,"object_type":"structure","relational_id":15120,"identifier":"1","token":"18.2\/4\/1","url":"\/18.2\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13100,"edition_id":1,"name":"Crimes Against the Person","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":12972,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":164763,"object_type":"structure","relational_id":13100,"identifier":"4","token":"18.2\/4","url":"\/18.2\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12972,"edition_id":1,"name":"Crimes and Offenses Generally","identifier":"18.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:05","date_modified":"2026-06-26 03:44:05","permalink":{"id":164139,"object_type":"structure","relational_id":12972,"identifier":"18.2","token":"18.2","url":"\/18.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77418,"structure_id":15120,"section_number":"18.2-30","catch_line":"Murder and manslaughter declared felonies","url":"\/18.2-30\/","token":"18.2\/4\/1\/18.2-30","metadata":false},{"id":79946,"structure_id":15120,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","url":"\/18.2-31\/","token":"18.2\/4\/1\/18.2-31","metadata":false},{"id":57602,"structure_id":15120,"section_number":"18.2-32","catch_line":"First and second degree murder defined; punishment","url":"\/18.2-32\/","token":"18.2\/4\/1\/18.2-32","metadata":false},{"id":62187,"structure_id":15120,"section_number":"18.2-32.1","catch_line":"Murder of a pregnant woman; penalty","url":"\/18.2-32.1\/","token":"18.2\/4\/1\/18.2-32.1","metadata":false},{"id":79116,"structure_id":15120,"section_number":"18.2-32.2","catch_line":"Killing a fetus; penalty","url":"\/18.2-32.2\/","token":"18.2\/4\/1\/18.2-32.2","metadata":false},{"id":69091,"structure_id":15120,"section_number":"18.2-32.3","catch_line":"Human infant; independent and separate existence","url":"\/18.2-32.3\/","token":"18.2\/4\/1\/18.2-32.3","metadata":false},{"id":80906,"structure_id":15120,"section_number":"18.2-33","catch_line":"Felony homicide defined; punishment","url":"\/18.2-33\/","token":"18.2\/4\/1\/18.2-33","metadata":false},{"id":70125,"structure_id":15120,"section_number":"18.2-34","catch_line":"Reserved","url":"\/18.2-34\/","token":"18.2\/4\/1\/18.2-34","metadata":false},{"id":70478,"structure_id":15120,"section_number":"18.2-35","catch_line":"How voluntary manslaughter punished","url":"\/18.2-35\/","token":"18.2\/4\/1\/18.2-35","metadata":false},{"id":78426,"structure_id":15120,"section_number":"18.2-36","catch_line":"How involuntary manslaughter punished","url":"\/18.2-36\/","token":"18.2\/4\/1\/18.2-36","metadata":false},{"id":67930,"structure_id":15120,"section_number":"18.2-36.1","catch_line":"Certain conduct punishable as involuntary manslaughter","url":"\/18.2-36.1\/","token":"18.2\/4\/1\/18.2-36.1","metadata":false},{"id":71288,"structure_id":15120,"section_number":"18.2-36.2","catch_line":"Involuntary manslaughter; operating a watercraft while under the influence; penalties","url":"\/18.2-36.2\/","token":"18.2\/4\/1\/18.2-36.2","metadata":false},{"id":66815,"structure_id":15120,"section_number":"18.2-36.3","catch_line":"Involuntary manslaughter; certain drug offenses","url":"\/18.2-36.3\/","token":"18.2\/4\/1\/18.2-36.3","metadata":false},{"id":86725,"structure_id":15120,"section_number":"18.2-37","catch_line":"How and where homicide prosecuted and punished if death occur without the Commonwealth","url":"\/18.2-37\/","token":"18.2\/4\/1\/18.2-37","metadata":false},{"id":60034,"structure_id":15120,"section_number":"18.2-37.1","catch_line":"Certain matters not to constitute defenses","url":"\/18.2-37.1\/","token":"18.2\/4\/1\/18.2-37.1","metadata":false}],"previous_section":{"id":79946,"structure_id":15120,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","url":"\/18.2-31\/","token":"18.2\/4\/1\/18.2-31","metadata":false},"next_section":{"id":62187,"structure_id":15120,"section_number":"18.2-32.1","catch_line":"Murder of a pregnant woman; penalty","url":"\/18.2-32.1\/","token":"18.2\/4\/1\/18.2-32.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/18.2-32\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 358; in 1962, chapter 42; in 1975, chapters 14 and 15; in 1976, chapter 503; in 1977, chapters 478 and 492; in 1981, chapter 397; in 1993, chapters 463 and 490; in 1998, chapter 281<\/a>.<\/p>","references":[{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":80246,"section_number":"17.1-805","catch_line":"Adoption of initial discretionary sentencing guideline midpoints","order_by":null,"url":"\/17.1-805\/"},{"id":56786,"section_number":"18.2-308.2","catch_line":"Possession or transportation of firearms, firearms ammunition, stun weapons, explosives or concealed weapons by convicted felons; penalties; petition for restoration order; when issued","order_by":null,"url":"\/18.2-308.2\/"},{"id":80906,"section_number":"18.2-33","catch_line":"Felony homicide defined; punishment","order_by":null,"url":"\/18.2-33\/"},{"id":77889,"section_number":"18.2-50.3","catch_line":"Enticing, etc., another into a dwelling house with intent to commit certain felonies; penalty","order_by":null,"url":"\/18.2-50.3\/"},{"id":68291,"section_number":"18.2-513","catch_line":"Definitions","order_by":null,"url":"\/18.2-513\/"},{"id":64807,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","order_by":null,"url":"\/19.2-268.3\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":57599,"section_number":"53.1-134.1","catch_line":"Board decisions; voting requirements","order_by":null,"url":"\/53.1-134.1\/"},{"id":81762,"section_number":"53.1-151","catch_line":"Eligibility for parole","order_by":null,"url":"\/53.1-151\/"},{"id":63586,"section_number":"53.1-202.3","catch_line":"Rate at which sentence credits may be earned; prerequisites","order_by":null,"url":"\/53.1-202.3\/"},{"id":58640,"section_number":"53.1-40.02","catch_line":"Conditional release of terminally ill prisoners","order_by":null,"url":"\/53.1-40.02\/"},{"id":80819,"section_number":"9.1-902","catch_line":"Offenses requiring registration","order_by":null,"url":"\/9.1-902\/"}],"refers_to":[{"id":79946,"section_number":"18.2-31","catch_line":"Aggravated murder defined; punishment","order_by":null,"url":"\/18.2-31\/"}],"permalink":{"id":164775,"object_type":"law","relational_id":57602,"identifier":"18.2-32","token":"18.2\/4\/1\/18.2-32","url":"\/18.2-32\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/18.2-32\/","token":"18.2\/4\/1\/18.2-32","dublin_core":{"Title":"First and second degree murder defined; punishment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 18.2-32","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Murder<\/span>, other than aggravated murder<\/span>, by poison, lying in wait, imprisonment, starving, or by any willful, deliberate, and premeditated killing, or in the commission of, or attempt to commit, arson<\/span>, rape<\/span>, forcible sodomy, inanimate or animate object<\/span> sexual penetration, robbery<\/span>, burglary<\/span> or abduction, except as provided in \u00a7 18.2-31<\/a>, is murder<\/span> of the first degree, punishable as a Class 2 felony<\/span>.\n\t\tAll murder<\/span> other than aggravated murder<\/span> and murder<\/span> in the first degree is murder<\/span> of the second degree and is punishable by confinement in a state correctional facility for not less than five nor more than forty years.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFIRST AND SECOND DEGREE MURDER DEFINED; PUNISHMENT (\u00a7 18.2-32)\n\nMurder, other than aggravated murder, by poison, lying in wait, imprisonment,\nstarving, or by any willful, deliberate, and premeditated killing, or in the\ncommission of, or attempt to commit, arson, rape, forcible sodomy, inanimate or\nanimate object sexual penetration, robbery, burglary or abduction, except as\nprovided in \u00a7 18.2-31, is murder of the first degree, punishable as a Class 2\nfelony.\n\t\tAll murder other than aggravated murder and murder in the first degree is\nmurder of the second degree and is punishable by confinement in a state\ncorrectional facility for not less than five nor more than forty years.\n\nHISTORY: Code 1950, \u00a7 18.1-21; 1960, c. 358; 1962, c. 42; 1975, cc. 14, 15;\n1976, c. 503; 1977, cc. 478, 492; 1981, c. 397; 1993, cc. 463, 490; 1998, c.\n281; 2021, Sp. Sess. I, cc. 344, 345.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}