Maryland Code
Md. Code Ann., Crim. Law § 2-201 (2026)
§ 2-201
✓ current as of May 2026
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§2–201.
(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.
(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.
Notes of Decisions
Cited in 52
cases (5 in the last 5 years), 2003–2026 · leading case: Gorge v. State, 873 A.2d 1171 (Md. 2005).
Gorge v. State, 873 A.2d 1171 (Md. 2005). “Because the State did not comply with the requirements of § 2-203, the sentence of life without the possibility of parole is stricken and the case is remanded for a new sentencing, at which time the circuit court is directed to impose a sentence of life, in accordance with §…”
Sissoko v. State, 182 A.3d 874 (Md. Ct. Spec. App. 2018). “), § 2-201(a)(1) of the Criminal Law Article ("CL"); see also Handy v.”
State of Iowa v. Damion John Seats, 865 N.W.2d 545 (Iowa 2015). “) (allowing either life imprisonment or a term of years sentence for murder); Md. Code Ann., Crim. Law § 2-201 (West, Westlaw through June 1, 2015 legis.”
Roary v. State, 867 A.2d 1095 (Md. 2005). “Code (2002) § 2-201(a) of the Criminal Law Article. 7 .”
United States v. Moreno-Aguilar, 198 F. Supp. 3d 548 (D. Maryland 2016). “§ 1111 , Md. Code Ann., Crim. Law §§ 2-201 and 2-204, and the common law of Maryland.”
Thornton v. State, 919 A.2d 678 (Md. 2007). “27 § 407 was recodified without substantive change as Maryland Code (2002), § 2-201 of the Criminal Law Article. Section 411 of Art.”
Pinkney v. State, 827 A.2d 124 (Md. Ct. Spec. App. 2003). “There were two concurring opinions and a dissenting opinion. Six judges concurred in the result and, effectively, in the standard of review.”
State v. Jones, 155 A.3d 492 (Md. 2017). “See Md. Code Ann., Crim. Law § 2-201 (a)(4) (2002, 2012 Repl.”
Gutierrez v. State, 32 A.3d 2 (Md. 2011). “Code (2002) § 2-201(a) of the Crim. Law Article provides: " In general.”
– State v. Patterson –, 455 P.3d 792 (Kan. 2020). “1 ; Md. Code Ann., Crim. Law § 2-201 ; Mass. Gen.”
Clemons v. State, 896 A.2d 1059 (Md. 2006). “), Article 27 Section 407 was recodified without substantive change as Maryland Code (2002), Section 2-201 of the Criminal Law Article.”
State v. Crawley, 166 A.3d 132 (Md. 2017). “See Md. Code Ann., Crim. Law § 2-201 (b) (2002, 2012 Repl.”
— Md. Code Ann., Crim. Law § 2-201(a) — 7 cases
Gutierrez v. State, 32 A.3d 2 (Md. 2011). “Code (2002) § 2-201(a) of the Crim. Law Article provides: " In general.”
Roary v. State, 867 A.2d 1095 (Md. 2005). “Code (2002) § 2-201(a) of the Criminal Law Article. 7 .”
State v. Allen, 875 A.2d 724 (Md. 2005).
State v. Manck, 870 A.2d 196 (Md. 2005).
Lan Buck v. State, 956 A.2d 884 (Md. Ct. Spec. App. 2008).
— Md. Code Ann., Crim. Law § 2-201(a)(1) — 3 cases
Sissoko v. State, 182 A.3d 874 (Md. Ct. Spec. App. 2018). “), § 2-201(a)(1) of the Criminal Law Article ("CL"); see also Handy v.”
Pinkney v. State, 827 A.2d 124 (Md. Ct. Spec. App. 2003). “There were two concurring opinions and a dissenting opinion. Six judges concurred in the result and, effectively, in the standard of review.”
Purnell v. State, 252 A.3d 94 (Md. Ct. Spec. App. 2021).
— Md. Code Ann., Crim. Law § 2-201(a)(4) — 5 cases
Roary v. State, 867 A.2d 1095 (Md. 2005). “Code (2002) § 2-201(a) of the Criminal Law Article. 7 .”
State v. Jones, 155 A.3d 492 (Md. 2017). “See Md. Code Ann., Crim. Law § 2-201 (a)(4) (2002, 2012 Repl.”
Kohler v. State, 36 A.3d 1013 (Md. Ct. Spec. App. 2012).
Goldsberry v. State, 957 A.2d 1110 (Md. Ct. Spec. App. 2008).
Jones v. State, 114 A.3d 256 (Md. Ct. Spec. App. 2015).
— Md. Code Ann., Crim. Law § 2-201(a)(4)(ix) — 2 cases
Allen v. State, 857 A.2d 101 (Md. Ct. Spec. App. 2004).
Ashton v. State, 971 A.2d 965 (Md. Ct. Spec. App. 2009).
— Md. Code Ann., Crim. Law § 2-201(b) — 5 cases
Gorge v. State, 873 A.2d 1171 (Md. 2005). “Because the State did not comply with the requirements of § 2-203, the sentence of life without the possibility of parole is stricken and the case is remanded for a new sentencing, at which time the circuit court is directed to impose a sentence of life, in accordance with §…”
Maryland Restorative Just. Initiative v. Hogan, 316 F.R.D. 106 (D. Maryland 2016).
Mateen v. Saar, 829 A.2d 1007 (Md. 2003).
Hartless v. State, 209 A.3d 147 (Md. Ct. Spec. App. 2019).
Hartless v. State (Md. Ct. Spec. App. 2019).
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