Murder in Massachusetts law constitutes the intentional killing, under circumstances defined by law, of people within or under the jurisdiction of the U.S. state of Massachusetts. The United States Centers for Disease Control and Prevention reported that in the year 2020, the state had one of the lowest murder rates in the country.
The felony murder rule applies in Massachusetts, but its scope was narrowed by the Supreme Judicial Court in 2017.
Definitions Murder, and its degrees, have been defined by the Massachusetts General Court and codified by it in Section 1 of Chapter 265 of the General laws. The degree of murder is a question of fact to be decided by the jury. The common law crime of petit treason is treated as murder in Massachusetts.
First-degree murder First-degree murder is the most serious homicide offense in Massachusetts. It constitutes an intentional killing with premeditation, a murder executed with extreme atrocity and cruelty, or the killing of a person caused by the commission or attempted commission of a felony that can be punished by life in prison regardless of intent. For adult offenders, it is punished only by life imprisonment without the possibility of parole. For juvenile offenders, it is punished only by life-with-parole. The relevant part of § 1 reads as follows:
Second-degree murder Second-degree murder is the second most serious homicide offense in Massachusetts. It constitutes the intentional killing of someone without premeditation, or the killing of someone caused by the commission or attempted commission of a felony that is not punishable by life. It is punished by life-with-parole after 15 to 25 years. The relevant part of § 1 reads as follows:
Felony Murder Rule The felony murder rule in Massachusetts applies but its application was narrowed, "for the first time since the Civil War" in Commonwealth v. Brown (Mass. 2017) such that it is "no longer [] an independent theory of liability for murder." Before Brown, "anyone involved in a crime in which someone [was] killed [could] be charged with first-degree murder", but "prosecutors are now required to prove one of the three prongs of malice (intent to kill, intent to grievously harm, or extreme recklessness) in order to convict on [felony] murder." Second-degree felony murder was eliminated post-Brown.
Penalties Penalties for murder are calculated pursuant to Section 2 of Chapter 265 of the General Laws and relevant case law.
OffenseMandatory sentencingMisdemeanor motor vehicle homicide30 days to years in jailInvoluntary manslaughter10 months to years in prisonInvoluntary manslaughter due to recklessness10 months to 20 years in prisonVoluntary manslaughter3 to 20 years in prisonFelony motor vehicle homicide to 15 years in prisonSecond-degree murderLife-with-parole after 15 to 25 yearsFirst-degree murderFor defendants 21 and older:Life imprisonment without the possibility of paroleFor defendants under 21:Life-with-parole after 20 to 30 years
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