§ 14-17. Murder in the first and second degree defined; punishment. - North Carolina Statutes

SUBCHAPTER III. OFFENSESAGAINST THE PERSON.

Article 6.

Homicide.

§ 14‑17.  Murder in thefirst and second degree defined; punishment.

A murder which shall beperpetrated by means of a nuclear, biological, or chemical weapon of massdestruction as defined in G.S. 14‑288.21, poison, lying in wait,imprisonment, starving, torture, or by any other kind of willful, deliberate,and premeditated killing, or which shall be committed in the perpetration orattempted perpetration of any arson, rape or a sex offense, robbery,kidnapping, burglary, or other felony committed or attempted with the use of adeadly weapon shall be deemed to be murder in the first degree, a Class Afelony, and any person who commits such murder shall be punished with death orimprisonment in the State's prison for life without parole as the court shalldetermine pursuant to G.S. 15A‑2000, except that any such person who wasunder 18 years of age at the time of the murder shall be punished withimprisonment in the State's prison for life without parole. All other kinds ofmurder, including that which shall be proximately caused by the unlawfuldistribution of opium or any synthetic or natural salt, compound, derivative,or preparation of opium, or cocaine or other substance described in G.S. 90‑90(1)d.,or methamphetamine, when the ingestion of such substance causes the death ofthe user, shall be deemed murder in the second degree, and any person whocommits such murder shall be punished as a Class B2 felon. (1893, cc. 85, 281; Rev., s.3631; C.S., s. 4200; 1949, c. 299, s. 1; 1973, c. 1201, s. 1; 1977, c. 406, s.1; 1979, c. 682, s. 6; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1251, ss. 1, 2;c. 1316, s. 47; 1981, c. 63, s. 1; c. 179, s. 14; c. 662, s. 1; 1987, c. 693;1989, c. 694; 1993, c. 539, s. 112; 1994, Ex. Sess., c. 21, s. 1; c. 22, s. 4;c. 24, s. 14(c); 2001‑470, s. 2; 2004‑178, s. 1; 2007‑81, s.1.)