{"id":376004,"date":"2016-03-31T21:36:30","date_gmt":"2016-04-01T02:36:30","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/pennsylvania-law\/pennsylvania-first-degree-murder-laws.html"},"modified":"2025-07-16T15:23:15","modified_gmt":"2025-07-16T20:23:15","slug":"pennsylvania-first-degree-murder-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/pennsylvania-law\/pennsylvania-first-degree-murder-laws.html","title":{"rendered":"Pennsylvania First-Degree Murder Laws"},"content":{"rendered":"\n
\n \n
\n

Pennsylvania First-Degree Murder Laws<\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Pennsylvania, there are several types of criminal homicide. A person may be guilty of first-degree murder, second-degree murder, or third-degree murder. There are also two levels of manslaughter – voluntary manslaughter<\/a> and involuntary manslaughter.<\/p>\r\n

All of these crimes involve the unlawful death of a human being. The most serious type of homicide is murder in the first degree.<\/p>\r\n

This article will examine how Pennsylvania\u2019s first-degree murder<\/a> laws work. It also explains the penalties and defenses to this crime.<\/p>\r\n

If you\u2019re facing murder charges<\/a> in the Commonwealth of Pennsylvania, contact an experienced criminal defense attorney<\/a> after your arrest. We’ve also provided links to helpful FindLaw articles at the bottom of this page.<\/p>\r\n

Proving First-Degree Murder in Pennsylvania<\/b><\/h2>\r\n

All kinds of murder involve the intentional killing of another human being. Pennsylvania law requires proof of premeditation and malice aforethought for a murder conviction. With manslaughter, the state doesn\u2019t have to prove either of these things.<\/p>\r\n

In a murder case, the prosecutor can establish express or implied malice. In a first-degree murder case, the state must prove that the defendant acted with express malice. They must also prove the defendant had a specific intent to kill. They can do this by demonstrating that the defendant used a deadly weapon or lied in wait for their victim.<\/p>\r\n

Possibility of the Death Penalty<\/b><\/h2>\r\n

First-degree murder is one of the most serious crimes in Pennsylvania and generally results in the most severe punishments available under state law. In Pennsylvania, people guilty of first-degree murder are eligible for the death penalty<\/a>.<\/p>\r\n

Pennsylvania is one of the states that still has the death penalty. Lawmakers reserve this punishment for a handful of crimes, including first-degree murder. The law is very clear on when a person is at risk of a death sentence<\/a>.<\/p>\r\n

According to Pennsylvania Statutes Title 18 Pa.C.S. Section 1102<\/a>, the following people are eligible for the death penalty:<\/p>\r\n