Mississippi Code
Miss. Code Ann. § 97-3-19 (2026)
Homicide; murder defined; first-degree murder; second-degree murder; capital murder; lesser-included offenses
✓ current as of July 2026
- (1) The killing of a human being without the authority of law by any means or in any manner shall be murder in the following cases:
- (a) When done with deliberate design to effect the death of the person killed, or of any human being, shall be first-degree murder;
- (b) When done in the commission of an act eminently dangerous to others and evincing a depraved heart, regardless of human life, although without any premeditated design to effect the death of any particular individual, shall be second-degree murder;
- (c) When done without any design to effect death by any person engaged in the commission of any felony other than rape, kidnapping, burglary, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felonies, shall be first-degree murder;
- (d) When done with deliberate design to effect the death of an unborn child, shall be first-degree murder.
- (2) The killing of a human being without the authority of law by any means or in any manner shall be capital murder in the following cases:
- (a) Murder which is perpetrated by killing a peace officer or fireman while such officer or fireman is acting in his official capacity or by reason of an act performed in his official capacity, and with knowledge that the victim was a peace officer or fireman. For purposes of this paragraph, the term "peace officer" means any state or federal law enforcement officer, including, but not limited to, a federal park ranger, the sheriff of or police officer of a city or town, a conservation officer, a parole officer, a judge, senior status judge, special judge, district attorney, legal assistant to a district attorney, county prosecuting attorney or any other court official, an agent of the Alcoholic Beverage Control Division of the Department of Revenue, an agent of the Bureau of Narcotics, personnel of the Mississippi Highway Patrol, and the employees of the Department of Corrections who are designated as peace officers by the Commissioner of Corrections pursuant to Section 47-5-54, and the superintendent and his deputies, guards, officers and other employees of the Mississippi State Penitentiary;
- (b) Murder which is perpetrated by a person who is under sentence of life imprisonment;
- (c) Murder which is perpetrated by use or detonation of a bomb or explosive device;
- (d) Murder which is perpetrated by any person who has been offered or has received anything of value for committing the murder, and all parties to such a murder, are guilty as principals;
- (e) When done with or without any design to effect death, by any person engaged in the commission of the crime of rape, burglary, kidnapping, arson, robbery, sexual battery, unnatural intercourse with any child under the age of twelve (12), or nonconsensual unnatural intercourse with mankind, or in any attempt to commit such felonies;
- (f) When done with or without any design to effect death, by any person engaged in the commission of the crime of felonious abuse and/or battery of a child in violation of subsection (2) of Section 97-5-39, or in any attempt to commit such felony;
- (g) Murder which is perpetrated on educational property as defined in Section 97-37-17;
- (h) Murder which is perpetrated by the killing of any elected official of a county, municipal, state or federal government with knowledge that the victim was such public official;
- (i) Murder of three (3) or more persons who are killed incident to one (1) act, scheme, course of conduct or criminal episode;
- (j) Murder of more than three (3) persons within a three-year period;
- (k) Murder which is perpetrated by the killing of a person who:
- (i) is or would be a witness for the state or federal government in a criminal trial;
- (ii) is a confidential informant for any agency of the state or federal government; or
- (iii) is any other person who was cooperating or assisting the state or federal government or was suspected of cooperation or assistance to the state or federal government, if the motive for the killing was either the person's status as a witness, potential witness or informant, or was to prevent the cooperation or assistance to the prosecution. It shall not be a defense to a killing under this subsection that the defendant erroneously suspected or believed the victim to have cooperated or assisted the state or federal government.
- (3) An indictment for murder or capital murder shall serve as notice to the defendant that the indictment may include any and all lesser included offenses thereof, including, but not limited to, manslaughter.
Codes, Hutchinson's 1848, ch. 64, art. 12, Title 2 (3, 4); 1857, ch. 64, art. 165; 1871, § 2628; 1880, § 2875; 1892, § 1149; 1906, § 1227; Hemingway's 1917, § 957; 1930, § 985; 1942, § 2215; Laws, 1974, ch. 576, § 6(1, 2); Laws, 1983, ch. 429, § 1; Laws, 1992, ch. 508, § 1; Laws, 1996, ch. 422, § 3; Laws, 1998, ch. 588, § 1; Laws, 2000, ch. 516, § 134; Laws, 2004, ch. 393, § 1; Laws, 2004, ch. 515, § 2, eff. 5/4/2004.
Amended by Laws, 2017, ch. 382, HB 1367, 10, eff. 7/1/2017.
Amended by Laws, 2015, ch. 450, HB 1052, 1, eff. 7/1/2015.
Amended by Laws, 2013, ch. 555, SB 2377, 1, eff. 7/1/2013.
Notes of Decisions
Cited in 1,195
cases (140 in the last 5 years), 1974–2026 · leading case: Franklin Fitzpatrick v. State of Mississippi, 175 So. 3d 515 (Miss. 2015).
Franklin Fitzpatrick v. State of Mississippi, 175 So. 3d 515 (Miss. 2015). “See Miss. Code Ann. § 97-3-19 (2)(a) (Rev. 2014).”
Howell v. State, 860 So. 2d 704 (Miss. 2003). “Continuing from issue XII, Howell next contends Miss.Code Ann. § 97-3-19 does not specifically enumerate attempted robbery as an underlying offense for the conviction of capital murder.”
Abdur Rahim Ambrose v. State of Mississippi, 254 So. 3d 77 (Miss. 2018). “" Miss. Code Ann. § 97-3-19 (2)(e) (Rev. 2006).”
Faraga v. State, 514 So. 2d 295 (Miss. 1987). “Faraga was indicted by the Rankin County grand jury on January 14, 1986, for capital murder under Miss. Code Ann. § 97-3-19 (2)(f) (Supp. 1984) in that he committed murder while engaged in the underlying felony of child abuse.”
Neal v. State, 15 So. 3d 388 (Miss. 2009). “" Miss. Code Ann. § 97-3-19 (2)(e) (Rev.2006).”
Batiste v. State, 121 So. 3d 808 (Miss. 2013). “Miss. Code Ann. § 97-3-19 (2)(a)-(h) (Rev.”
Goff v. State, 14 So. 3d 625 (Miss. 2009). “Miss.Code Ann. § 97-3-19 (Rev.2006). ¶ 77.”
Mease v. State, 539 So. 2d 1324 (Miss. 1989). “Here at the very least the facts on one reasonable interpretation reflect that Bart Helgrin Mease was guilty of capital murder under Miss. Code Ann. § 97-3-19 (2)(a) (Supp. 1988).”
Fulgham v. State, 46 So. 3d 315 (Miss. 2010). “Miss. Code Ann. § 97-3-19 (2)(e)(Rev.2006).”
Nelson v. State, 10 So. 3d 898 (Miss. 2009). “Whichever of Nelson's actions can fairly be said to have given rise to kidnapping charges clearly were subsumed within his murderous conduct and cannot, consistent with the protections of the Fifth Amendment to the United States Constitution and Article 3, Section 22, of the…”
Kolberg v. State, 829 So. 2d 29 (Miss. 2002). “The elements of capital murder during the course of felonious child abuse, see Miss. Code Ann. § 97-3-19 (2)(f), are indistinguishable from the elements of felony manslaughter.”
Edwards v. State, 737 So. 2d 275 (Miss. 1999). “Miss. Code Ann. § 97-3-19 (2)(e)(1994) defines as capital murder, any murder "[w]hen done with or without any design to effect death, by any person engaged in the commission of .”
— Miss. Code Ann. § 97-3-19(1) — 52 cases
Franklin Fitzpatrick v. State of Mississippi, 175 So. 3d 515 (Miss. 2015). “See Miss. Code Ann. § 97-3-19 (2)(a) (Rev. 2014).”
Bailey v. State, 78 So. 3d 308 (Miss. 2012).
Thomas v. State, 42 So. 3d 528 (Miss. 2010).
Brown v. State, 796 So. 2d 223 (Miss. 2001).
Simmons v. State, 813 So. 2d 710 (Miss. 2002).
— Miss. Code Ann. § 97-3-19(1)(A) — 2 cases
Greenlee v. State, 725 So. 2d 816 (Miss. 1998).
Aaron Greenlee v. State of Mississippi (Miss. 1997).
— Miss. Code Ann. § 97-3-19(1)(a) — 176 cases
Neal v. State, 15 So. 3d 388 (Miss. 2009). “" Miss. Code Ann. § 97-3-19 (2)(e) (Rev.2006).”
Dennis Thompson v. State of Mississippi, 269 So. 3d 301 (Miss. Ct. App. 2018).
Dilworth v. State, 909 So. 2d 731 (Miss. 2005).
Brown v. State, 965 So. 2d 1023 (Miss. 2007).
McCune v. State, 989 So. 2d 310 (Miss. 2008).
— Miss. Code Ann. § 97-3-19(1)(a)(1994) — 1 case
Ellis v. State, 778 So. 2d 114 (Miss. 2000).
— Miss. Code Ann. § 97-3-19(1)(b) — 85 cases
Casey Sheldon Woods v. State of Mississippi, 242 So. 3d 47 (Miss. 2018).
Montana v. State, 822 So. 2d 954 (Miss. 2002).
Jordan v. State, 995 So. 2d 94 (Miss. 2008).
Turner v. State, 796 So. 2d 998 (Miss. 2001).
Adrian Montgomery v. State of Mississippi, 253 So. 3d 305 (Miss. 2018).
— Miss. Code Ann. § 97-3-19(1)(c) — 8 cases
Boyd v. State, 977 So. 2d 329 (Miss. 2008).
Jones v. State, 461 So. 2d 686 (Miss. 1984).
Hodges v. State, 912 So. 2d 730 (Miss. 2005).
Lambert v. State, 462 So. 2d 308 (Miss. 1984).
Anthony Windless v. State of Mississippi, 185 So. 3d 956 (Miss. 2015).
— Miss. Code Ann. § 97-3-19(1)(e) — 1 case
Ramsey v. State, 959 So. 2d 15 (Miss. Ct. App. 2006).
— Miss. Code Ann. § 97-3-19(2) — 55 cases
Loden v. State, 971 So. 2d 548 (Miss. 2007).
Goff v. State, 14 So. 3d 625 (Miss. 2009). “Miss.Code Ann. § 97-3-19 (Rev.2006). ¶ 77.”
Stevens v. State, 806 So. 2d 1031 (Miss. 2001).
Ronk v. State, 172 So. 3d 1112 (Miss. 2015).
Gray v. State, 351 So. 2d 1342 (Miss. 1977).
— Miss. Code Ann. § 97-3-19(2)(3) — 1 case
Neal v. State, 15 So. 3d 388 (Miss. 2009). “" Miss. Code Ann. § 97-3-19 (2)(e) (Rev.2006).”
— Miss. Code Ann. § 97-3-19(2)(D) — 1 case
Stewart v. State, 662 So. 2d 552 (Miss. 1995).
— Miss. Code Ann. § 97-3-19(2)(E) — 1 case
Conner v. Puckett, 271 F. Supp. 2d 909 (S.D. Miss. 2001).
— Miss. Code Ann. § 97-3-19(2)(a) — 33 cases
Franklin Fitzpatrick v. State of Mississippi, 175 So. 3d 515 (Miss. 2015). “See Miss. Code Ann. § 97-3-19 (2)(a) (Rev. 2014).”
Mease v. State, 539 So. 2d 1324 (Miss. 1989). “Here at the very least the facts on one reasonable interpretation reflect that Bart Helgrin Mease was guilty of capital murder under Miss. Code Ann. § 97-3-19 (2)(a) (Supp. 1988).”
Lanier v. State, 450 So. 2d 69 (Miss. 1984).
Davis v. State, 660 So. 2d 1228 (Miss. 1995).
Russell v. State, 849 So. 2d 95 (Miss. 2003).
— Miss. Code Ann. § 97-3-19(2)(b) — 3 cases
Mitchell v. State, 792 So. 2d 192 (Miss. 2001).
Taylor v. State, 672 So. 2d 1246 (Miss. 1996).
Mitchell v. State, 792 So. 2d 192 (Miss. 2001).
— Miss. Code Ann. § 97-3-19(2)(d) — 20 cases
Rubenstein v. State, 941 So. 2d 735 (Miss. 2006).
Byrom v. State, 863 So. 2d 836 (Miss. 2003).
Vickers v. State, 994 So. 2d 200 (Miss. Ct. App. 2008).
Stewart v. State, 662 So. 2d 552 (Miss. 1995).
Porter v. State, 732 So. 2d 899 (Miss. 1999).
— Miss. Code Ann. § 97-3-19(2)(e) — 321 cases
Howell v. State, 860 So. 2d 704 (Miss. 2003). “Continuing from issue XII, Howell next contends Miss.Code Ann. § 97-3-19 does not specifically enumerate attempted robbery as an underlying offense for the conviction of capital murder.”
Edwards v. State, 737 So. 2d 275 (Miss. 1999). “Miss. Code Ann. § 97-3-19 (2)(e)(1994) defines as capital murder, any murder "[w]hen done with or without any design to effect death, by any person engaged in the commission of .”
Abdur Rahim Ambrose v. State of Mississippi, 254 So. 3d 77 (Miss. 2018). “" Miss. Code Ann. § 97-3-19 (2)(e) (Rev. 2006).”
Nelson v. State, 10 So. 3d 898 (Miss. 2009). “Whichever of Nelson's actions can fairly be said to have given rise to kidnapping charges clearly were subsumed within his murderous conduct and cannot, consistent with the protections of the Fifth Amendment to the United States Constitution and Article 3, Section 22, of the…”
Ruffin v. State, 992 So. 2d 1165 (Miss. 2008).
— Miss. Code Ann. § 97-3-19(2)(e)(1994) — 3 cases
Watts v. State, 733 So. 2d 214 (Miss. 1999).
Hughes v. State, 735 So. 2d 238 (Miss. 1999).
Holly v. State, 671 So. 2d 32 (Miss. 1996).
— Miss. Code Ann. § 97-3-19(2)(e)(f) — 2 cases
Kolberg v. State, 829 So. 2d 29 (Miss. 2002). “The elements of capital murder during the course of felonious child abuse, see Miss. Code Ann. § 97-3-19 (2)(f), are indistinguishable from the elements of felony manslaughter.”
Coleman v. State, 30 So. 3d 387 (Miss. Ct. App. 2010).
— Miss. Code Ann. § 97-3-19(2)(f) — 46 cases
Bennett v. State, 933 So. 2d 930 (Miss. 2006).
Faraga v. State, 514 So. 2d 295 (Miss. 1987). “Faraga was indicted by the Rankin County grand jury on January 14, 1986, for capital murder under Miss. Code Ann. § 97-3-19 (2)(f) (Supp. 1984) in that he committed murder while engaged in the underlying felony of child abuse.”
Kolberg v. State, 829 So. 2d 29 (Miss. 2002). “The elements of capital murder during the course of felonious child abuse, see Miss. Code Ann. § 97-3-19 (2)(f), are indistinguishable from the elements of felony manslaughter.”
Brown v. State, 798 So. 2d 481 (Miss. 2001).
Stevens v. State, 806 So. 2d 1031 (Miss. 2001).
— Miss. Code Ann. § 97-3-19(2)(g) — 1 case
Brown v. State, 944 So. 2d 103 (Miss. Ct. App. 2006).
— Miss. Code Ann. § 97-3-19(2)(h) — 1 case
Brown v. State, 944 So. 2d 103 (Miss. Ct. App. 2006).
— Miss. Code Ann. § 97-3-19(2)(i) — 3 cases
Wilson v. State, 21 So. 3d 572 (Miss. 2009).
Clark Allen a/k/a Clark Allen, Jr. a/k/a Clark Earl Allen, Jr. v. State of Mississippi (Miss. Ct. App. 2024).
Karon McVay a/k/a Karon Deshawn McVay v. State of Mississippi (Miss. Ct. App. 2024).
— Miss. Code Ann. § 97-3-19(3) — 11 cases
Timothy Nelson Evans v. State of Mississippi, 226 So. 3d 1 (Miss. 2017).
Batiste v. State, 121 So. 3d 808 (Miss. 2013). “Miss. Code Ann. § 97-3-19 (2)(a)-(h) (Rev.”
Alvin Brown v. State of Mississippi, 222 So. 3d 302 (Miss. 2017).
Chandler v. State, 946 So. 2d 355 (Miss. 2006).
Hamin Shaheed v. State of Mississippi, 205 So. 3d 1105 (Miss. Ct. App. 2016).
— Miss. Code Ann. § 97-3-19(a) — 5 cases
Johnson v. State, 52 So. 3d 384 (Miss. Ct. App. 2009).
Hawkins v. State, 101 So. 3d 638 (Miss. 2012).
Franklin Fitzpatrick v. State of Mississippi, 175 So. 3d 515 (Miss. 2015). “See Miss. Code Ann. § 97-3-19 (2)(a) (Rev. 2014).”
Ruttley v. State, 746 So. 2d 872 (Miss. Ct. App. 1998).
Jeffery Mitchell v. State of Mississippi (Miss. 1995).
— Miss. Code Ann. § 97-3-19(a)(1) — 1 case
Anderson v. State, 914 So. 2d 1239 (Miss. Ct. App. 2005).
— Miss. Code Ann. § 97-3-19(a)(1)(2000) — 1 case
Phillips v. State, 794 So. 2d 1034 (Miss. 2001).
— Miss. Code Ann. § 97-3-19(b) — 5 cases
Montana v. State, 822 So. 2d 954 (Miss. 2002).
Hawkins v. State, 101 So. 3d 638 (Miss. 2012).
Johnson v. State, 52 So. 3d 384 (Miss. Ct. App. 2009).
Goff v. State, 778 So. 2d 779 (Miss. Ct. App. 2000).
Joseph Scott Montana v. State of Mississippi (Miss. 2000).
— Miss. Code Ann. § 97-3-19(e) — 10 cases
Fulgham v. State, 46 So. 3d 315 (Miss. 2010). “Miss. Code Ann. § 97-3-19 (2)(e)(Rev.2006).”
Abdur Rahim Ambrose v. State of Mississippi, 254 So. 3d 77 (Miss. 2018). “" Miss. Code Ann. § 97-3-19 (2)(e) (Rev. 2006).”
Harrell v. State, 134 So. 3d 266 (Miss. 2014).
Grayson v. State, 118 So. 3d 118 (Miss. 2013).
States v. State, 88 So. 3d 749 (Miss. 2012).
— Miss. Code Ann. § 97-3-19(l)(a) — 74 cases
Neal v. State, 15 So. 3d 388 (Miss. 2009). “" Miss. Code Ann. § 97-3-19 (2)(e) (Rev.2006).”
Higginbotham v. State, 114 So. 3d 9 (Miss. Ct. App. 2012).
Beasley v. State, 136 So. 3d 393 (Miss. 2014).
Thomas Glynn Flynt v. State of Mississippi, 183 So. 3d 1 (Miss. 2015).
Shunbrica Andrea Roby v. State of Mississippi, 183 So. 3d 857 (Miss. 2016).
— Miss. Code Ann. § 97-3-19(l)(b) — 24 cases
Batiste v. State, 121 So. 3d 808 (Miss. 2013). “Miss. Code Ann. § 97-3-19 (2)(a)-(h) (Rev.”
Chaddy Brooks v. State of Mississippi, 203 So. 3d 1134 (Miss. 2016).
Brandon v. State, 109 So. 3d 128 (Miss. Ct. App. 2013).
Wilkerson v. State, 89 So. 3d 610 (Miss. Ct. App. 2011).
Hawkins v. State, 101 So. 3d 638 (Miss. 2012).
— Miss. Code Ann. § 97-3-19(l)(c) — 4 cases
Anthony Windless v. State of Mississippi, 185 So. 3d 956 (Miss. 2015).
Scott v. State, 141 So. 3d 34 (Miss. Ct. App. 2014).
Coleman v. State, 30 So. 3d 387 (Miss. Ct. App. 2010).
Lee v. State, 759 So. 2d 390 (Miss. 2000).
— Miss. Code Ann. § 97-3-19(l)(d) — 1 case
State v. Buckhalter, 119 So. 3d 1015 (Miss. 2013).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.