Section 2-201 - Murder in the first degree. - Maryland Statutes

§ 2-201. Murder in the first degree.
 

(a)  In general.- 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; or 

(xii) a violation of § 4-503 of this article concerning destructive devices. 

(b)  Penalty.-  

(1) A person who commits a murder in the first degree is guilty of a felony and on conviction shall be sentenced to: 

(i) death; 

(ii) imprisonment for life without the possibility of parole; or 

(iii) imprisonment for life. 

(2) Unless a sentence of death is imposed in compliance with § 2-202 of this subtitle and Subtitle 3 of this title, or 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. 
 

[An. Code 1957, art. 27, §§ 407-410, 412(b); 2002, ch. 26, § 2; 2009, ch. 186.]