Elements of First-Degree Murder

• Under Maryland law, a person is guilty of murder in the first degree if the killing was deliberate, premeditated and willful. The killing must have been committed while lying in wait, committed by poison or committed while in "the perpetration of or an attempt to perpetrate" one of twelve different specified crimes. Some of the twelve specified crimes include killing a person while committing arson, burglary, rape, kidnapping or in the commission of a sexual offense of the first or second degree.
  
  Maryland law permits prosecution for the murder of a viable fetus. In order to charge a person with murder of a fetus, prosecutors must prove that the defendant intended to cause serious physical injury to or cause the death of a fetus or commit an act that is wanton or reckless and likely to cause serious injury or death of the fetus.
  
  

Exceptions

• There are exceptions to Maryland's first degree murder code sections relative to the murder of a viable fetus. These include acts committed by a person involving abortions, administering lawful medical care and acts or omissions to act by the pregnant mother of the fetus.
  
  

Penalties

• First-degree murder in Maryland is a felony and punishable by death, imprisonment for life or life without the possibility of parole. The minimum sentence for committing first degree murder is imprisonment for life. In order to sentence a person to life without the possibility of parole, the state must provide written notice of intent to seek such a sentence at least 30 days prior to trial. Imposition of a death sentence is permitted only if the prosecution gave the defendant at least 30 days' written notice prior to trial. The notice must specify the aggravating facts that justify imposition of the death sentence.
  
  

Attempt to Commit First-Degree Murder

• Attempting to commit murder in the first degree is a felony. A person cannot be sentenced to death for attempted first-degree murder but may be sentenced to imprisonment for life.