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(a) A murder is in the first degree if it is:
(1) a deliberate, premeditated, and willful killing;
(2) committed by lying in wait;
(3) committed by poison; or
(4) committed in the perpetration of or an attempt to perpetrate:
(i) arson in the first degree;
(ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:
1. is not parcel to a dwelling; and
2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;
(iii) burglary in the first, second, or third degree;
(iv) carjacking or armed carjacking;
(v) escape in the first degree from a State correctional facility or a local correctional facility;
(vi) kidnapping under §
3-502 or §
3-503(a)(2) of this article;
(vii) mayhem;
(viii) rape;
(ix) robbery under §
3-402 or §
3-403 of this article;
(x) sexual offense in the first or second degree;
(xi) sodomy as that crime existed before October 1, 2020; or
(xii) a violation of §
4-503 of this article concerning destructive devices.
(b)(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to:
(i) imprisonment for life without the possibility of parole; or
(ii) imprisonment for life.
(2) Unless a sentence of imprisonment for life without the possibility of parole is imposed in compliance with §
2-203 of this subtitle and §
2-304 of this title, the sentence shall be imprisonment for life.
(c) A person who solicits another or conspires with another to commit murder in the first degree is guilty of murder in the first degree if the death of another occurs as a result of the solicitation or conspiracy.
Md. Code, CR § 2-201
Amended by 2020 Md. Laws, Ch. 45,Sec. 1, eff. 10/1/2020.
Amended by 2019 Md. Laws, Ch. 247,Sec. 1, eff. 10/1/2019.
Amended by 2019 Md. Laws, Ch. 246,Sec. 1, eff. 10/1/2019.
Amended by 2013 Md. Laws, Ch. 156,Sec. 3, eff. 10/1/2013.
