1. (a) A murder is in the first degree if it is:

   1. (1) a deliberate, premeditated, and willful killing;
   2. (2) committed by lying in wait;
   3. (3) committed by poison; or

   4. (4) committed in the perpetration of or an attempt to perpetrate:

      1. (i) arson in the first degree;

      2. (ii) burning a barn, stable, tobacco house, warehouse, or other outbuilding that:

         1. 1. is not parcel to a dwelling; and
         2. 2. contains cattle, goods, wares, merchandise, horses, grain, hay, or tobacco;
      3. (iii) burglary in the first, second, or third degree;
      4. (iv) carjacking or armed carjacking;
      5. (v) escape in the first degree from a State correctional facility or a local correctional facility;
      6. (vi) kidnapping under § 3-502 or § 3-503(a)(2) of this article;
      7. (vii) mayhem;
      8. (viii) rape;
      9. (ix) robbery under § 3-402 or § 3-403 of this article;
      10. (x) sexual offense in the first or second degree;
      11. (xi) sodomy as that crime existed before October 1, 2020; or
      12. (xii) a violation of § 4-503 of this article concerning destructive devices.

2. (b)

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

      1. (i) imprisonment for life without the possibility of parole; or
      2. (ii) imprisonment for life.
   2. (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.
3. (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.

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2009, c. 186, § 1, eff. Oct. 1, 2009; Acts 2013, c. 156, § 3, eff. Oct. 1, 2013; Acts 2019, c. 246, § 1, eff. Oct. 1, 2019; Acts 2019, c. 247, § 1, eff. Oct. 1, 2019; Acts 2020, c. 45, § 1, eff. Oct. 1, 2020.

Formerly Art. 27, §§ 407, 408, 409, 410, 412.